Hidden Vices: What are my options?

When a buyer encounters hidden defects in a purchased good, he has several legal options to claim his rights and seek a solution. The following are the main actions that he can take: the redhibitory action, the "quanti minoris" action and the reorganization. These actions are supported by current regulations and offer different solutions depending on the seriousness and nature of the hidden defects.

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In previous articles we have already explained what hidden defects are and, in case we suspect that our newly acquired property shows signs of having one or several of them, how we can prove the existence of them through an expert report. In this article we are going to talk about the three options that we have in case we have to face a claim for this reason.

Redhibitory Action

The redhibitory action refers to the possibility that the buyer has to request the resolution of the contract of sale due to the existence of hidden defects. This action is contemplated in article 1485 of the Civil Code, which establishes that if the hidden defects are of such magnitude that if the buyer had known them he would not have acquired the good, he may choose to return it and recover the price paid.

Requirements for the Redhibitory Action:

1. Existence of a hidden defect: The defect must be serious and significantly affect the use of the good.
2. Lack of knowledge of the defect: The buyer must not have had knowledge of the defect at the time of purchase.
3. Time limit: The action must be brought within six months after delivery of the good.

The redhibitory action seeks to restore the buyer to the situation prior to the purchase, allowing him to return the defective good and obtain a refund of the price paid, together with the expenses incurred due to the sale.

How is this case regulated?

It is regulated in articles 1484 and 1486 of the Civil Code. These articles provide that the seller is obliged to respond for the hidden defects of the sold good that make it unfit for the use to which it is destined or that diminish in such a way its utility that, if the buyer had known it, he would not have acquired it or he would have paid a lower price.

• Article 1484: Defines what is understood by hidden vices or defects and establishes the seller's liability.
• Article 1486: Establishes the buyer's right to opt for the rescission of the contract (redhibitory action) or for a proportional reduction of the price (quanti minoris action).

2. Action "Quanti Minoris".

The action "quanti minoris" or price reduction action allows the buyer to request a proportional reduction of the price paid due to the existence of hidden defects. This option is appropriate when the buyer prefers to keep the good, despite the defects, but considers that the price paid does not correspond to the real value of the defective good.

Requirements for the "Quanti Minoris" Action:

1. Existence of a hidden defect: The defect must be significant, although not necessarily so serious as to justify the termination of the contract.
2. Lack of knowledge of the defect: The buyer must not have known of the defect at the time of purchase.
3. Time limit: As with the redhibitory action, it must be exercised within six months of delivery of the good.

This action allows for financial compensation to the buyer, adjusting the price of the good to reflect its true value with the defect.

How is this case regulated?

Also regulated in article 1486 of the Civil Code. This article allows the buyer to request a reduction of the price if he chooses to keep the defective good.

3. Reinstatement

Sanitation is an obligation of the seller that consists of guaranteeing the buyer the possession and peaceful use of the sold good, free of hidden defects and eviction (when a third party claims rights over the good). In terms of latent defects, the warranty implies that the seller must respond for the defects that make the property unfit for use or considerably diminish its value.

Obligations of the Seller in the Sanitation:

1. Repair of the defect: If the defect can be repaired, the seller must take charge of the necessary repairs.
2. Replacement of the good: In cases where repair is not feasible, the seller may be obliged to replace the good with one in adequate condition.
3. Indemnification: If repair or replacement is not possible, the seller must indemnify the buyer for damages caused by hidden defects.
4. The remedy ensures that the buyer does not suffer the consequences of hidden defects of which he was unaware at the time of purchase and offers a comprehensive solution that may include repair, replacement or indemnification.

How is this case regulated?

It is regulated in articles 1474 to 1490 of the Civil Code. These articles cover various obligations of the seller in relation to the delivery and condition of the good sold, as well as the consequences of eviction and hidden defects.

• Article 1474: Discusses the seller's obligation to deliver and cure.
• Article 1485: Defines the seller's obligations with respect to hidden defects, establishing that the seller is obliged to respond for hidden defects, even if the seller was unaware of them.

Conclusion

Hidden defects in purchased goods can pose a significant problem for buyers. However, the law provides various options for claiming and protecting their rights. These legal tools ensure that buyers can obtain a fair and adequate remedy for hidden defects.

If you find yourself in this situation, the best thing to do is to put yourself in the hands of experts in the field. Do not let the legal deadline to claim pass and call us now.