Suspension of the time limit under Article 1648: the court-appointed expert extends the warranty claim
Published on :
29/04/2025
29
April
Apr
04
2025
Source: www.legifrance.gouv.fr
Following the purchase of a house, the buyers noticed a significant discrepancy between the actual energy consumption of the property and that stated in the energy performance certificate issued at the time of sale. They then initiated summary proceedings, which resulted in a judicial expertise proceeding.
The Court of Appeal had declared their action for hidden defects inadmissible, ruling that the two-year time limit provided for in Article 1648 of the Civil Code had started to run again after the appointment of the expert on 23 December 2015 and had expired without any further interrupting act.
The Court of Cassation partially set aside the judgment. It pointed out that this limitation period could be suspended under section 2239 of the Civil Code. In this case, the period had been suspended between the summary judgment ordering the expertise proceeding and the filing of the report, i.e. from 23 December 2015 to 4 January 2019. Therefore, the summons of 4 July 2019 was not late.
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