JURITEXT000006952648 Généré par l'IA

Buyer's Negligence Versus Latent Defect in Property Sale

Numéro de cause JURITEXT000006952648

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-02-18

Issue du litige Partiellement admis (Partially Allowed)

Ouvrir la source officielle Version Markdown lisible par machine (.md)

Synthèse Legislator

Généré par l'IA

A person who contracted to purchase a property in a state of clear, visible ruin, and who subsequently failed to undertake the necessary emergency repairs to prevent further collapse, could not rely on a warranty against hidden defects when the roof collapsed shortly after the sale, as the deterioration was attributable to the buyer's subsequent negligence in failing to mitigate obvious damage rather than a pre-existing, latent defect unknown at the time of sale.

Regeste Legislator

Généré par l'IA

Buyer's Negligence Versus Latent Defect in Property Sale: A person who contracted to purchase a property in a state of clear, visible ruin, and who subsequently failed to undertake the necessary emergency repairs to prevent further collapse, could not rely on a warranty against hidden defects when the roof collapsed shortly after the sale, as the deterioration was attributable to the buyer's subsequent negligence in failing to mitigate obvious damage rather than a pre-existing, latent defect unknown at the time of sale.