Questão jurídica principal
Whether the sellers fraudulently concealed a defect within the meaning of Art. 199 CO.
Decisão extraída
Yes. The sellers knew of the ground-stability problem and gave reassuring information that withheld the relevant risk from the buyer.
Fundamentação extraída
The court upheld the canton’s factual findings and held that describing the terrace irregularities as harmless while omitting the instability of the adjoining veranda prevented informed decision-making and breached the duty of disclosure.