Property Sale Rescission Denied Despite Discrepancy with Indicative Plans

A contract for the sale of a property was concluded based on plans that depicted the property as having a particular usable surface area, leading the buyer to agree to the purchase price under the belief of that measurement; however, upon later measurement, the actual surface area was found to be significantly smaller, prompting the buyer to seek annulment of the sale. The court rejected the appeal, reasoning that the mere existence of plans showing a larger surface area does not automatically imply a contractual stipulation regarding the exact size, and since the contract itself did not explicitly make the sale conditional upon the property matching the dimensions shown in the annexed plans, the discrepancy was not a sufficient ground for rescinding the sale, absent any demonstrable fraudulent misrepresentation regarding the size.