Buyer v. Seller: Commencement of Two-Year Prescription for Hidden Defect Actions

A buyer, having discovered a hidden defect in a piece of property after the sale, sued the seller for rescission of the sale and damages, but the trial court dismissed the action as time-barred because the buyer had not brought suit within two years of the discovery of the defect as required by the relevant article concerning warranty against hidden defects. The appellate court upheld this dismissal, finding the two-year limitation period began upon the buyer's knowledge of the defect, regardless of when the seller was notified or whether the seller had already initiated repairs. The highest court quashed the appellate decision, reasoning that the two-year prescriptive period established for actions relating to hidden defects only begins to run from the date the *purchaser* becomes aware of the defect, not from the date of the judicial expert's report or any other action undertaken by the seller or a third party.