Seller's Fraudulent Concealment of Latent Property Defect Leading to Contract Rescission and Damages

A seller failed to disclose a known defect in a property to the buyer, who subsequently discovered the defect after the sale and sought rescission of the contract and damages. The Court of Cassation upheld the lower court's decision to rescind the sale and award damages, reasoning that the seller's deliberate concealment of a known, latent defect, which rendered the property unfit for its intended purpose, constituted fraudulent misrepresentation, thereby justifying the buyer's request for contract termination under the applicable civil code provisions regarding warranty against hidden defects.