Hidden Defect Claim Prescription Period Begins Upon Discovery
Synthèse Legislator
Généré par l'IAA buyer of property, having discovered significant latent defects after the sale, sued the seller for resolution of the sale and damages, but the seller argued the action was time-barred because the statutory period for claiming such defects had expired after the discovery of the issue. The court ruled that the prescriptive period for bringing an action based on hidden defects begins only from the day the buyer discovers the defect, not from the date of the sale, therefore overturning the lower court's decision which had incorrectly applied the start date of the prescription period.
Regeste Legislator
Généré par l'IAHidden Defect Claim Prescription Period Begins Upon Discovery: The court ruled that the prescriptive period for bringing an action based on hidden defects begins only from the day the buyer discovers the defect, not from the date of the sale, therefore overturning the lower court's decision which had incorrectly applied the start date of the prescription period.