Redibitory addiction refers to a concealed flaw in a product that renders it unsuitable for its intended use or greatly diminishes its worth.
This idea is highly important in Civil Law and Consumer Law, providing protection to the purchaser from hidden flaws when buying movable or immovable property.
Lawyers must comprehend the legal facets of this establishment, take suitable steps to safeguard their clients’ interests, and be aware of the deadlines for taking action.
In this article, we will discuss the idea, relevant regulations, complaint timelines, and potential problem resolutions. Join us!
How does Contractual Review function for abusive interest in financing, loans, and credit cards?
What does addiction entail?
The redhibitory addiction is a concealed flaw present at the moment of buying a product, but becomes apparent only afterwards.
This flaw must be serious to hinder the correct usage of the item or greatly reduce its worth.
The visible flaws are easy to spot when something is acquired, while the hidden flaws can only be detected with the help of wisdom.
A purchaser buys a property and later finds significant structural issues like concealed leaks or foundation problems that were not apparent during the purchase.
How does the Right of Repentance function? [Article 49 CDC]
Legal bases concerning hidden defects in a purchased item
Redibitory addiction is outlined in Civil Code Articles 441 to 446.
The purchaser has the right to refuse the purchased item if it has undisclosed defects that affect its usability or reduce its worth. This rule is valid for items bought in sales contracts and for valuable gifts, provided there is some kind of consideration for the received goods.
The buyer has the option to choose a partial discount on the price instead of returning the defective item and canceling the contract, as stated in Article 442.
If the seller was aware of the defect and did not disclose it to the buyer, they are required to reimburse the payment received and compensate for any damages incurred. If the seller was unaware of the defect, they are obligated to refund the payment and any associated expenses.
The seller remains responsible even if the item is destroyed while in the buyer’s possession due to a hidden defect present at the time of delivery.
Art. 445 specifies the time limits for claiming concealed defects.
- 30 days for mobile items and;
- 1 year to find successful real estate contacts for efficient transactions.
- If the buyer already had the item before buying it, the time limits are cut in half and start from the moment of transfer.
- The deadline for reporting a defect discovered later begins at the time of discovery, with a maximum limit of 180 days for mobile goods and 1 year for real estate.
If a warranty is in place, the time limits specified in Article 445 do not apply as long as the warranty remains valid. The purchaser is required to notify the seller of any defects within 30 days of discovering them, or else face forfeiture.
The Consumer Protection Code (CDC) safeguards consumers in these situations as well.
Suppliers are solely accountable for products that have quality defects or quantities that render them unsuitable for consumption, diminish their value, or do not align with their packaging or advertising, as stated in Article 18 of the CDC.
If the issue is not fixed within 30 days, the customer can choose to replace the item, get a refund, or receive a partial refund.
The timeframe can be changed by the parties as long as it falls within a range of 7 to 180 days. In cases where the defect significantly impacts the product quality or is crucial, the consumer has the right to request an immediate exchange or refund.
If the specific model is not in stock, it can be substituted with another of similar worth, either by adding to or refunding the price difference. For products in their natural state, the merchant is accountable unless the manufacturer is known.
Article 26 of the CDC sets out the time limits for consumers to report visible or easily identifiable defects.
The time limit is 30 days for perishable items and services, and 90 days for non-perishable items and services, starting from the delivery of the product or completion of the service.
The deadline starts when the issue is discovered, even if it was not immediately visible.
The decay process stops when the customer files a formal complaint with the seller (until the final response) or if a civil investigation is initiated.
Addiction complaint deadlines
- The Civil Code sets a time limit of 30 days for movable goods and 1 year for real estate returns. If a defect is not immediately apparent, the deadline begins upon its discovery, with a maximum limit of 180 days for movable goods and 1 year for real estate.
- Non-durable goods must be returned within 30 days, while durable goods can be returned within 90 days, starting from the delivery date or when a hidden defect is discovered according to the Consumer Protection Code (Article 26).
How can attorneys handle cases involving addiction?
Here are the strategic steps for dealing with redibitory addiction.
Examining the situation and collecting proof
- Identify the presence of latent flaws that render a product unsuitable for use or substantially diminish its value.
- Ask for technical reports from professionals or specialized firms that confirm the concealed flaw and its importance.
- Gather important paperwork like sales contracts, tax notes, emails, and other communication records from the seller.
- Increase product knowledge by ensuring that there are documented instances of past complaints, recalls, or repeated problems with comparable products, if relevant.
- Check the date when the defect was found to make sure the legal deadline for filing a complaint is still valid.
Selecting the optimal legal approach
The attorney needs to evaluate the most suitable strategy considering the client’s interests and the consequences of the fault in the purchased item.
Identify the most suitable type of action.
- The redirecting action involves canceling the contract, returning the payment, and potentially providing compensation for any damages.
- Maintenance of quality with a corresponding decrease in cost is known as estimatory action or “quanti minoris”.
Assess the potential of initiating contact with the supplier or manufacturer, based on the acquisition’s specific conditions.
Judicial action and extrajudicial measures
Seek a friendly solution with the seller or supplier through a formal notification before taking legal action.
If there is no agreement, take the necessary legal action within the specified timeframe, submitting the gathered evidence.
Additional uses: Apart from receiving value back or reduction, one can also argue for:
- Compensation for physical harm (additional costs resulting from the issue, like repairs and transportation).
- Compensation for emotional harm (in cases of psychological distress or substantial consumer issues).
If the verdict is in favor, supervise and guarantee that the seller or supplier adheres to the decision.
The lawyer follows these procedures to make sure that consumer or buyer rights are protected and fair compensation is provided for any damages incurred.
Implement successful legal tactics for addiction cases
Redibitory addiction serves as a crucial tool in safeguarding the purchaser from undisclosed flaws that could affect the functionality or worth of a product.
Lawyers must comprehend relevant laws and employ a strategic approach to effectively address customer concerns, which may involve contract termination or adjusting prices accordingly.
Legal proceedings entail a thorough examination of the case and the gathering of evidence, followed by the selection of the most efficient legal or non-legal actions.
Well-organized planning can safeguard the buyer’s interests and prevent lengthy and expensive disagreements.
Refer to the guide on Disregard of Legal Personality for more information.
What does addiction entail?
The hidden flaw known as redhibitory addiction is present when an item is purchased and only becomes apparent later. This flaw must be serious enough to hinder the proper use of the product or greatly reduce its value.
What are the time limits for claiming addictions?
The Civil Code specifies that there is a 30-day return period for movable goods and a 1-year return period for real estate. If the defect is not immediately apparent, the deadline begins from the discovery, with a maximum limit of 180 days (movable goods) and 1 year (real estate).
Non-durable goods must be returned within 30 days, and durable goods within 90 days after delivery or discovery of a defect for hidden defects under the Consumer Protection Code (Article 26).
