Warranty against hidden defects: negotiations do not interrupt or suspend the two-year limitation period!
Published on :
25/03/2026
25
March
Mar
03
2026
Homes buyers had a house built and purchased roof tiles which turned out to be defective two years later. They sued the seller and the supplier on the grounds of the warranty against hidden defects.
The latter invoked the two-year limitation period provided for in Article 1648 of the Civil Code.
The Court of Appeal rejects the plea of inadmissibility: it considers that amicable negotiations entered into within two years of the discovery of the defect have postponed the starting point of the limitation period, which only begins to run from the failure of the negotiations.
The Court of Cassation overturns the judgment.
The existence of settlement negotiations does not postpone the starting point of the limitation period for an action for hidden defects, which is set as the date on which the defect was discovered by the purchaser, nor does it suspend the running of that period.
In this case, the purchasers were aware of the defects in June 2014 but did not take action by the way of summary proceedings until September 2018: the claim was time-barred.
In matters of hidden defects, the two-year limitation period runs strictly from the date of discovery of the defect. Amicable discussions, even if initiated promptly, neither interrupt nor suspend the limitation period.
History
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