Seller Liability for Undisclosed Latent Defects Irrespective of Good Faith

A plaintiff sought damages against a seller for latent defects in property discovered after a sale, claiming the seller knew or should have known of the defects, but the lower court dismissed the claim, finding the seller had acted in good faith and was not a professional seller, thereby absolving them of liability under the relevant sales code provisions concerning latent defects. The highest court quashed the decision, reasoning that the seller's good faith and non-professional status do not exempt them from the warranty against latent defects when the defects are such that the buyer would not have purchased the property had they been aware of them, establishing that the obligation to warrant against latent defects is a legal obligation imposed on all sellers, irrespective of their knowledge of the defect.