Hidden defects: confirmation of the suspension of the limitation period during the expert appraisal
Published on :
10/04/2025
10
April
Apr
04
2025
Source: www.courdecassation.fr
The purchasers sued the seller of an apartment for rescission of the sale on the grounds of hidden defects after discovering water infiltration.
An amicable expert report was filed in April 2018, followed by summary proceedings in September 2018, then a judicial expertise proceeding in December 2018, the report of which was issued in June 2021. The buyers then brought proceedings on the merits in November 2021.
The Court of Appeal declared their action inadmissible, considering that the two-year limitation period had started to run again from the summary judgment decision of December 2018 and had expired in December 2020.
The Court of Cassation overturned the ruling. It pointed out that the two-year time limit provided for in Article 1648 of the Civil Code is a limitation period that can be suspended under Article 2239. In this case, this period had been interrupted by the summary proceedings, then suspended during the judicial expertise proceeding, and had only started to run again from the date of the report, i.e. 1st June 2021. The summons to the court on the merits of 4th November 2021 was therefore admissible.
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