Buyer v. Seller: Defective Property Sale and Concealment Claim Upheld

A buyer initiated an action against a seller seeking annulment of a sale and damages due to the discovery of a major defect in the purchased property that rendered it unfit for its intended use, which the seller allegedly knew about but failed to disclose. The court of first instance dismissed the claim, finding the buyer had sufficient opportunity to inspect the property and the defect was not latent, an assessment upheld by the appellate court. The Court of Cassation rejected the appeal, reasoning that the appellate court correctly applied the law by determining that the nature of the defect and the buyer's opportunity for inspection negated the grounds for rescission based on latent defects or fraudulent concealment, as the defect was either apparent or discoverable through reasonable diligence.