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Published:
19.6.2012
Last Updated:
19.11.2024

Case summary: Latent defects and Latent defects and protection

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The First Hall of the Civil Court held that, if a defect was not visibly apparent to the buyer at the time of the sale, the defect could be considered to be latent. 

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The plaintiffs jointly purchased an apartment by public deed. After a few months, a number of serious structural defects appeared in the ceiling of several rooms in the apartment. The plaintiffs engaged surveyors to assess the damage.

 

Through an actio aestimatoria, the plaintiffs asked the First Hall of the Civil Court to declare the existence of latent defects, to establish and liquidate part of the purchase price and to condemn the vendor to return to the seller part of the purchase price.

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