What is a latent defect? | ScriptaLegal
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Frequently asked questions > Maritime > Sale > What is a latent defect?

What is a latent defect?

To be qualified as latent/hidden defects, the problems affecting the movable property must have existed at the time of the sale. Accordingly, the problem of which cause occurred after the closing of the sale cannot be considered as a latent defect, therefore excluding any remedy against the seller.

The problems must be concealed, meaning that they cannot be discovered through an inspection by a reasonable and prudent purchaser prior to the closing of the sale. Thus, courts have repeatedly ruled that a careless buyer who failed to inspect the movable property before the closing of the sale cannot afterwards institute an action against the seller for latent defects if these problems could have been discovered through an inspection. However, it is not required that the inspection be performed by an expert to be deemed sufficient.

The problem that is reported by the seller before the closing of the sale, or that is discovered by the buyer upon his inspection of the movable property before the sale can no longer be considered as a latent defect: the option then offered to the buyer is to request a reduction of the purchase price based on the estimated cost of the work required to remedy the problem. However, an apparent defect that is minimized by the seller through misleading statements may be considered as a latent defect.

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