Sale Rescission Due to Latent Building Permit Defect

A person who purchased an unbuildable plot of land, relying on a permit that was later revoked due to a conflict with urban planning regulations known only to the seller, sued the seller for rescission of the sale and damages, arguing a fundamental defect in the substance of the property rendering it unfit for its intended use. The court, applying the rule that a defect must be one that substantially compromises the object's suitability for its intended purpose, found that while the seller's failure to disclose the pre-existing, unrectified administrative impediment constituted a latent defect that justified the annulment of the sale, the specific facts alleged did not definitively establish that the land was entirely unfit for any form of construction, leading to a partial cassation to allow the lower court to re-examine the degree of fitness for use and the scope of damages.