Purchaser's Claim for Annulment of Sale Based on Undisclosed Easement Dismissed Due to Prior Knowledge
Synthèse Legislator
Généré par l'IAA homeowner, having agreed to purchase an immovable property, filed a claim against the seller seeking annulment of the sale and damages after discovering, post-sale, a right of way easement burdening the property that was not disclosed prior to the final agreement. The court dismissed the appeal, upholding the lower court's finding that the purchaser, having been aware of the easement, either expressly or implicitly, during the negotiations and having proceeded with the final deed without reservation, could not subsequently claim that the undisclosed nature of the encumbrance constituted a latent defect justifying rescission of the sale or damages, as the defect was apparent or known.
Regeste Legislator
Généré par l'IAPurchaser's Claim for Annulment of Sale Based on Undisclosed Easement Dismissed Due to Prior Knowledge: The court dismissed the appeal, upholding the lower court's finding that the purchaser, having been aware of the easement, either expressly or implicitly, during the negotiations and having proceeded with the final deed without reservation, could not subsequently claim that the undisclosed nature of the encumbrance constituted a latent defect justifying rescission of the sale or damages, as the defect was apparent or known.