Purchaser's Claim for Repair Costs Under Ten-Year Prescription Period for Breach of Warranty Against Hidden Defects
Synthèse Legislator
Généré par l'IAA purchaser of a building, upon discovering significant hidden defects after the sale, sued the seller, arguing the defects made the property unfit for its intended use and constituted a breach of warranty against hidden defects. The seller argued the action was time-barred because the purchaser had not sought a reduction in price or rescission of the sale within the statutory period after the discovery of the defects, instead only claiming damages for the cost of repairs. The court overturned the lower court's decision, reasoning that while the action for rescission or price reduction is subject to a specific prescription period upon discovery of the defect, the action for damages resulting from a hidden defect that renders the property unfit for its purpose is governed by the longer general ten-year prescription period applicable to contractual liability, and therefore the claim for repair costs was timely.
Regeste Legislator
Généré par l'IAPurchaser's Claim for Repair Costs Under Ten-Year Prescription Period for Breach of Warranty Against Hidden Defects: The seller argued the action was time-barred because the purchaser had not sought a reduction in price or rescission of the sale within the statutory period after the discovery of the defects, instead only claiming damages for the cost of repairs. The court overturned the lower court's decision, reasoning that while the action for rescission or price reduction is subject to a specific prescription period upon discovery of the defect, the action for damages resulting from a hidden defect that renders the property unfit for its purpose is governed by the longer general ten-year prescription period applicable to contractual liability, and therefore the claim for repair costs was timely.