Hidden Defect Claim Limitation Period Begins Upon Discovery, Not Sale Date
Synthèse Legislator
Généré par l'IAA buyer, having purchased a vehicle that was later found to have a serious hidden defect affecting its use, sought to rescind the sale, but the lower court dismissed the claim because the action was brought more than two years after the sale. The Court of Cassation quashed the decision, reasoning that the two-year limitation period for actions based on hidden defects, as stipulated in the relevant civil code article, begins to run only from the date the defect was discovered or reasonably should have been discovered by the buyer, not from the date of the sale itself, meaning the lower court misapplied the statute of limitations.
Regeste Legislator
Généré par l'IAHidden Defect Claim Limitation Period Begins Upon Discovery, Not Sale Date: The Court of Cassation quashed the decision, reasoning that the two-year limitation period for actions based on hidden defects, as stipulated in the relevant civil code article, begins to run only from the date the defect was discovered or reasonably should have been discovered by the buyer, not from the date of the sale itself, meaning the lower court misapplied the statute of limitations.