The Court of Appeal of Rome, by judgement No. 8150 published on Dec. 15, 2023, C.E. Dr. Cirillo, Pres. Dr. Izzo, accepting the arguments of avv. Giulio Corsini, who defended the seller company and its sole director, rejected the adverse appeal with which the purchasing real estate company complained, inter alia, that the Court “denied pre-contractual liability on the assumption that the buyer's lack of diligence absorbed the seller's omission of information.” In the present case, the Court of Appeal, ruled that “the Tribunal correctly denied pre-contractual liability given that the duty to inform in the course of negotiations about circumstances that could have affected the terms and conditions of the deal cannot relate to circumstances knowable...with ordinary diligence” and that the buyer “well should have become aware of all those critical issues that had amply justified extraordinary maintenance work and could have likely justified it in the future.” The Court of Appeal further adds that "the Tribunal correctly applied Article 1337 of the Civil Code by also scrutinizing the diligence of the party invoking protection, in adherence to case law, according to which the party who alleges to have been misled in light of omitted information cannot invoke the protection, granted to the contractor in good faith in the pre-contractual phase, if he himself was at fault having been able, with ordinary diligence, to get knowledge of that information. It goes without saying that the easy acquisition of that information does not allow to configure the seller's duty to report as a speculative one, rather than being considered as an inefficient con-cause of the damage emerging from more onerous contractual conditions." The appeal was also rejected in relation to all six additional grounds of appeal by which the purchasing and appellant real estate company sought to establish the liability of the selling company and its sole director for hidden defects under Article 1491, Civil Code for incidental malice under Article 1440 Civil Code and for extra-contractual liability under Article 2043 Civil Code. The appellant real estate company was ordered to pay the costs of litigation.