Exclusion from the Warranty Against Hidden Defects: No Bad Faith!
Citing various defects (including significant water leaks), the buyer of a residential home sued the seller in court, seeking compensation for damages based on the warranty against hidden defects.
The seller then invokes the clause excluding liability for hidden defects contained in the bill of sale. It should be noted, however, that this clause applies only to a seller acting in good faith (who must therefore be unaware of the defects).
Upon reviewing the case, the Court of Cassation overturned the lower court’s decision, which had ruled in favor of the seller. It criticized the lower court for applying the exclusion clause regarding hidden defects without first determining whether the seller had personally carried out the work that caused the defects. Indeed, if that is the case, the seller is presumed to have been aware of the defects.
The case will therefore have to be retried.
