Facts
In April 1951, Ms. Hulda Zubler purchased Anton Lang's residential house and butcher's shop in Basel for the price of CHF 315,000. The brokerage firm responsible for the sale had provided the interested party with an "exposé" containing information on the turnover and rental income. On November 12, 1951, the buyer had a letter sent to the seller, stating that he had provided her with false information regarding the turnover and rental income, and that she was contesting the contract due to error and deception. Subsequently, Ms. Zubler filed a lawsuit against Lang, demanding a reduction of the purchase price by CHF 110,000. The District Court of Arlesheim and the High Court of the Canton of Basel-Landschaft partially upheld the claim and reduced the purchase price by CHF 15,000. The Federal Court dismissed the plaintiff's appeal for full protection of the claim.Considerations
The Federal Court stated that the buyer has the choice to rely on the provisions on warranty or to declare the purchase contract void due to defects of will. However, the plaintiff had approved the purchase by filing the price reduction claim, so she could no longer rely on error or deception.
Regarding the price reduction, the Federal Court clarified that the seller is liable for the assured properties of the item purchased. The reduction in value is not to be determined based…