Purchaser's Annulment of Sale Due to Undisclosed Servitude

A purchaser of property, having signed a preliminary contract to buy, subsequently discovered that the property contained a non-apparent servitude, which was not disclosed prior to the sale. The purchaser sought annulment of the sale based on error concerning the essential quality of the thing sold. The court held that the existence of an undisclosed, non-apparent servitude constitutes an error concerning the essential quality of the property, as it substantially diminishes its use and value, justifying the annulment of the sale pursuant to the relevant civil code provisions regarding vices of consent.