Rescission of Sale Due to Hidden Defect: Burden of Proof on Professional Seller

A purchaser sued a seller for rescission of a sale, claiming the object sold was significantly flawed by a hidden defect impacting its use, a defect the seller, a professional, was presumed to know about, while the seller argued the buyer had inspected the item and the defect should have been apparent, or that the buyer forfeited the right to claim the defect by not notifying the seller promptly after discovering it. The court overturned the lower court's decision, reasoning that a professional seller is presumed to know of hidden defects, and the burden of proving the buyer was aware of the defect or forfeited the right to warranty by delay in notification rested on the seller; consequently, the trial court erred by requiring the buyer to prove the seller's bad faith regarding the known defect.