Questione giuridica chiave
Whether the buyer timely avoided the contract for intentional fraud under Art. 31 OR
Decisione estratta
The fraud claim was time-barred because the buyer knew the relevant ownership facts by 20 May 2009 and only invoked deception on 3 November 2010.
Motivazione estratta
The email exchange showed the buyer understood that the seller had been the owner at the auction; therefore the one-year avoidance period had already expired.