Purchaser v. Seller (Failure to Disclose Right of Pre-emption)

A purchaser of a property sought annulment of the sale based on the seller's failure to disclose a pre-existing, known right of pre-emption held by a neighboring landowner, which ultimately prevented the purchaser from fully utilizing the acquired land as intended. The court of cassation quashed the lower court's decision upholding the sale, reasoning that the seller's omission regarding the known right of pre-emption constituted a latent defect or a fraudulent misrepresentation concerning an essential quality of the property, thereby justifying the annulment of the sale as the purchaser's consent was vitiated.