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Law of latent defects The Court of Cassation, in a recent case concerning the sale of a boat, reaffirmed that the purchaser of a property is not required to carry out trials or tests to subsequently invoke a latent defect. The seller argued that the engine defect was apparent and could have been detected by the buyer during sea trials. However, the Court held that the buyer could not be blamed for not having carried out such tests since there was no legal obligation to do so.
No Obligation to Perform Trials or Tests:-
In addition, previous decisions have established that a buyer is not required to hire an expert or a technician prior to the purchase to exercise recourse against a latent defect. The law offers the buyer recourse in the event of latent defects, but not in the event of apparent defects. An apparent defect is a defect that a buyer can discover by reasonable examination of the property. In the event of a hidden defect, the buyer has the option of requesting a price reduction or canceling the sale. Under certain circumstances, the buyer may also seek additional damages.
The distinction between latent defects and apparent defects:-
Law of latent defects Furthermore, the Reims Court of Appeal specified the quality of the seller. In a judgment dated July 3, 2018, it clarified that a non-professional seller acting as a professional seller is subject to the same presumption as a professional seller, even if the sales agreement includes a non-guarantee clause . Article 1643 of the Civil Code provides that the seller is liable for hidden defects, even if he is unaware of them, except for express derogation from the guarantee. This presumption is irrefutable as to the defects of the thing sold.
Therefore, court rulings highlight the buyer’s rights in latent defects, stating that the buyer is not obligated to carry out tests or hire experts before purchase. The law provides protection and remedies for buyers in the event of latent defects, thus guaranteeing the safeguard of their rights in real estate transactions .
