Purchaser's Action for Price Reduction Due to Latent Defect; Commencement of Limitation Period Upon Discovery
Synthèse Legislator
Généré par l'IAA purchaser, having discovered a latent defect in a purchased immovable property after the sale, sued the seller, claiming a reduction in the sale price based on the defect's severity, but the lower court dismissed the claim, finding that the purchaser's action was time-barred under the statute of limitations applicable to warranty claims for hidden defects. The Court of Cassation quashed the lower court's decision, reasoning that the time limitation for an action seeking a price reduction due to a latent defect begins to run only from the date the defect is discovered, not the date of the sale, as the purchaser cannot exercise their rights until the defect is known.
Regeste Legislator
Généré par l'IAPurchaser's Action for Price Reduction Due to Latent Defect; Commencement of Limitation Period Upon Discovery: The Court of Cassation quashed the lower court's decision, reasoning that the time limitation for an action seeking a price reduction due to a latent defect begins to run only from the date the defect is discovered, not the date of the sale, as the purchaser cannot exercise their rights until the defect is known.