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THIRD ARTICLE [II-II, Q. 77, Art. 3]

Whether the Seller Is Bound to State the Defects of the Thing Sold?

Objection 1: It would seem that the seller is not bound to state the
defects of the thing sold. Since the seller does not bind the buyer
to buy, he would seem to leave it to him to judge of the goods
offered for sale. Now judgment about a thing and knowledge of that
thing belong to the same person. Therefore it does not seem imputable
to the seller if the buyer be deceived in his judgment, and be
hurried into buying a thing without carefully inquiring into its
condition.

Obj. 2: Further, it seems foolish for anyone to do what prevents him
carrying out his work. But if a man states the defects of the goods
he has for sale, he prevents their sale: wherefore Tully (De Offic.
iii, 13) pictures a man as saying: "Could anything be more absurd
than for a public crier, instructed by the owner, to cry: 'I offer
this unhealthy horse for sale?'" Therefore the seller is not bound to
state the defects of the thing sold.

Obj. 3: Further, man needs more to know the road of virtue than to
know the faults of things offered for sale. Now one is not bound to
offer advice to all or to tell them the truth about matters
pertaining to virtue, though one should not tell anyone what is
false. Much less therefore is a seller bound to tell the faults of
what he offers for sale, as though he were counseling the buyer.

Obj. 4: Further, if one were bound to tell the faults of what one
offers for sale, this would only be in order to lower the price. Now
sometimes the price would be lowered for some other reason, without
any defect in the thing sold: for instance, if the seller carry wheat
to a place where wheat fetches a high price, knowing that many will
come after him carrying wheat; because if the buyers knew this they
would give a lower price. But apparently the seller need not give the
buyer this information. Therefore, in like manner, neither need he
tell him the faults of the goods he is selling.

_On the contrary,_ Ambrose says (De Offic. iii, 10): "In all
contracts the defects of the salable commodity must be stated; and
unless the seller make them known, although the buyer has already
acquired a right to them, the contract is voided on account of the
fraudulent action."

_I answer that,_ It is always unlawful to give anyone an occasion of
danger or loss, although a man need not always give another