Hidden defects and deadlines for taking action: the rules clarified by the Court of Cassation

Hidden defects and deadlines for taking action: the rules of the game clarified by the Court of Cassation

La guarantee against hidden defects requires the seller, whether professional or not, to deliver a good free of defects that may make the good unfit for the use for which it is intended (articles 1641 and following of the Civil Code). This guarantee applies even in the absence of a specific clause, and may concern sales of vehicles, machines, equipment, construction materials, etc.

Until recently, the deadlines for action were a source of uncertainty, in particular on two essential points:

1. The period of 2 years To act after the discovery of the vice is he a floating delay or prefix ?
2. The maximum duration beyond which no further action is possible, even in case of late discovery.

The Court of Cassation issued four highly anticipated judgments for standardize case law, to clarify the rules of procedure, and to strengthen the legal security of economic agents.

Here's what you need to remember.

The 2-year period is a limitation period, not a foreclosure

What that means : You have 2 years from the discovery of the defect to act and this deadline Can be suspended in some cases. For example, if a Forensic expertise is in progress, the deadline may be suspended.

‍Why it's important : this deadline is less rigid than a foreclosure period, which allows you to Save time if you quickly take steps such as a judicial expertise. This point reinforces the protection of professional buyers.

The deadline of 20 years applies to hidden defects

However, the Court reiterates that the purchaser cannot act beyond 20 years after the sale, even if the defect is discovered very late.

Ce Deadline, provided for in article 2232 of the Civil Code, runs from the date of the sale (and not from the discovery of the vice) and cannot be suspended.

Example: You buy a machine in 2025 and you discover a defect in 2030. You can still take action, because you are within 2 years after discovery and within the 20-year deadline. On the other hand, if you don't discover the vice until 2046, it will be Too late, even if you couldn't find out before.

A balance between buyer protection and seller legal security

The Court is trying to manage the competing interests of the seller and the buyer :

• The buyer is protected by being able to act for 2 years After the discovery of the vice.
• The seller is secured by the fact that he cannot be sued over 20 years after the sale.

In practice, this solution Rather favors the buyer which has a very comfortable deadline to file an action.

Conclusion and recommendations for professionals

The Court hears protect buyers, including in the event of late discovery of the defect, without compromising the imperatives of economic life. She recalls that sellers cannot remain exposed indefinitely to legal actions.

Asshopper :

• Do not delay in getting the faults noticed.
• Take action in 2 years following discovery.
• But be aware that after a period of 20 years after the sale, it will be Too late, even in the event of a proven hidden defect.

As vendor :

• Pay attention to the writing of warranty clauses and limitation of liability clauses.
• Carefully archive the contract documents (sales contract, general conditions, annexes, technical product documentation).

Do you need assistance in the purchase or sale of products affected by a hidden defect? Contact us to defend your interests without delay.