Purchaser's Suit for Rescission Due to Undisclosed Servitude Fails Absent Proof of Seller's Bad Faith
France (FR)
Synthèse Legislator
Généré par l'IAA purchaser of immovable property, who had been unaware of a preexisting servitude burdening the land at the time of sale, sued the seller for rescission of the sale and damages, alleging fraudulent concealment of the non-apparent servitude, but the Court of Cassation rejected the appeal, reasoning that the seller is only legally obligated to guarantee the buyer against servitudes that are not apparent and not declared, unless the buyer proves the seller had actual knowledge of the servitude and deliberately failed to disclose it, or that the servitude was of such a nature that the buyer could not reasonably have discovered it through ordinary diligence, a burden of proof the plaintiff failed to meet regarding the seller's bad faith.
Regeste Legislator
Généré par l'IAPurchaser's Suit for Rescission Due to Undisclosed Servitude Fails Absent Proof of Seller's Bad Faith: A purchaser of immovable property, who had been unaware of a preexisting servitude burdening the land at the time of sale, sued the seller for rescission of the sale and damages, alleging fraudulent concealment of the non-apparent servitude, but the Court of Cassation rejected the appeal, reasoning that the seller is only legally obligated to guarantee the buyer against servitudes that are not apparent and not declared, unless the buyer proves the seller had actual knowledge of the servitude and deliberately failed to disclose it, or that the servitude was of such a nature that the buyer could not reasonably have discovered it through ordinary diligence, a burden of proof the plaintiff failed to meet regarding the seller's bad faith.