Buyer's Suit for Rescission Fails Over Known Encroachment
France (FR)
Synthèse Legislator
Généré par l'IAAn individual, having purchased a property with a known, unresolved encroachment upon a neighboring property, later sued the seller for rescission of the sale based on the seller's failure to disclose the encroachment, but the court rejected the claim because the encroachment was a visible and apparent defect, known to the buyer at the time of sale, and thus the seller had no duty to disclose it under the applicable warranty against hidden defects.
Regeste Legislator
Généré par l'IABuyer's Suit for Rescission Fails Over Known Encroachment: An individual, having purchased a property with a known, unresolved encroachment upon a neighboring property, later sued the seller for rescission of the sale based on the seller's failure to disclose the encroachment, but the court rejected the claim because the encroachment was a visible and apparent defect, known to the buyer at the time of sale, and thus the seller had no duty to disclose it under the applicable warranty against hidden defects.