A case study on the guarantee of hidden defects in a boat sale, where the buyer can opt for estimatory or redhibitory action against the seller due to the boat's defective engine.
Extract
[...] 3and January 1997, n°95-10.045). In this case, the defect was concealed from Tom in that the announcement specified that the boat had been entirely revised and that the boat's engine was in very good condition. Or, on its first outing to sea, Tom encountered navigation problems and the mechanic informed him that the engine was worn out and sagging so that the hull of the boat was damaged. The wear being a sign of wear, the defect is necessarily prior to the sale. [...]
[...] Furthermore, the defect is of a certain gravity in that it now damages the hull of the boat. Finally, the defect makes the thing unsuitable for use in that it prevents navigating at sea with the boat, which is the very reason for having such a thing. The Court of Cassation has been able to assert that the defectiveness of a vehicle could constitute a hidden defect (Com May 1994, n°91-18.546). In this case, it is not a land vehicle, but a marine vehicle. [...]
[...] The seller is liable for the guarantee of the sold thing due to the defects it presents, making it unfit for its use and reducing the use to which it is normally intended, so that if the buyer had known of this defect, he would not have acquired the thing (article 1641 of the Civil Code). The guarantee of hidden defects is the only foundation of the action exercised for the defect of the sold thing making it unfit for its normal use (Cass. civ. [...]
[...] In this case, the date of the sale is not mentioned, but the defect was discovered during its first sea outing on April 30, 2025. Therefore, Tom can act on the basis of the guarantee of latent defects until April 30, 2027. Thus, Tom can act on the basis of the guarantee of latent defects, at his own expense to provide proof of the necessary elements, and thus opt according to his convenience for the estimated or redhibitory action; and this until April 30, 2027. [...]
[...] In this case, the mechanic made an estimate to Tom for an amount of 3,456 Tom can choose to opt for the estimated action and keep the boat by requesting from the seller the reimbursement of the repairs related to the hidden defect; or opt for the redhibitory action and return the boat for a full refund, thus allowing him to buy another boat in better condition. Finally, the action for hidden defects warranty can only be exercised within a period of 2 years from the discovery of the defect (Article 1648 of the Civil Code; Cass. ch. mixte July 2023, n°21-17.789), ne pouvant pas excéder un délai de 20 ans à compter de la vente (Cass. ch. [...]
