Buyer's Claim to Annul Sale Agreement Due to Undisclosed Registered Servitude Fails
Synthèse Legislator
Généré par l'IAThe appellant, who contracted to purchase a property, sought judicial annulment of the sale agreement on the grounds that the seller had deliberately omitted to disclose a pre-existing servitude that substantially diminished the property's value, which was a fact the buyer could not have reasonably discovered. The court affirmed the dismissal of the annulment claim because, despite the seller's concealment, the existence of the servitude was publicly recorded in the official land registry, meaning the information was legally accessible to the buyer; therefore, the buyer could not successfully claim ignorance or fraudulent misrepresentation regarding a registered encumbrance, as due diligence required checking the public records.
Regeste Legislator
Généré par l'IABuyer's Claim to Annul Sale Agreement Due to Undisclosed Registered Servitude Fails: The court affirmed the dismissal of the annulment claim because, despite the seller's concealment, the existence of the servitude was publicly recorded in the official land registry, meaning the information was legally accessible to the buyer; therefore, the buyer could not successfully claim ignorance or fraudulent misrepresentation regarding a registered encumbrance, as due diligence required checking the public records.