Seller's Warranty Against Latent Defects Waived by "As Is" Clause

A plaintiff sued the seller of an immovable property, alleging that latent defects in the foundation rendered the property unfit for its intended use, and sought rescission of the sale and damages, but the lower court denied the claim because the seller had clearly stated in the deed that the property was sold "as is," which the plaintiff had accepted without reservation. The high court upheld the denial, reasoning that the explicit clause regarding the sale's condition effectively excluded the seller's warranty against latent defects, provided those defects were not so severe as to render the property entirely unfit for its purpose, a condition the lower court had not found to be met based on the evidence presented.