JURITEXT000006956523 Généré par l'IA

Seller Liability for Undisclosed Servitude and Breach of Warranty Against Eviction

Numéro de cause JURITEXT000006956523

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-20

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A lower court correctly found a seller liable for breach of warranty against eviction regarding a portion of property conveyed, despite the buyer being aware of a pre-existing servitude burdening that part, because the seller failed to disclose the full scope of the encumbrance, which materially diminished the value of the acquired right, and the court reasonably determined that the parties' mutual intent was to effect a complete transfer of the property free from unstated burdens, justifying the buyer's claim for rescission of the sale and damages.

Regeste Legislator

Généré par l'IA

Seller Liability for Undisclosed Servitude and Breach of Warranty Against Eviction: A lower court correctly found a seller liable for breach of warranty against eviction regarding a portion of property conveyed, despite the buyer being aware of a pre-existing servitude burdening that part, because the seller failed to disclose the full scope of the encumbrance, which materially diminished the value of the acquired right, and the court reasonably determined that the parties' mutual intent was to effect a complete transfer of the property free from unstated burdens, justifying the buyer's claim for rescission of the sale and damages.