Legal Definitions - ex empto

Ex Empto is a Latin legal term that translates to "out of purchase" or "founded on purchase." In legal systems influenced by Roman and civil law, it refers to rights, obligations, or claims that arise directly from a contract of sale or a buying transaction. Essentially, it describes something that comes into existence because an item or property has been bought.

• Example 1: Consumer Rights for a Defective Product

  Imagine David buys a brand-new smartphone from an electronics retailer. A few weeks later, the phone's camera stops working, despite no physical damage. David's right to return the phone, get a replacement, or demand a repair from the retailer is an ex empto right. His claim *arises directly from* the purchase contract he made with the store; without that purchase, he would have no basis to demand a remedy from them.

• Example 2: Real Estate Disclosure Issues

  Consider a situation where Maria purchases an old house. The seller provided a disclosure statement indicating the roof was recently replaced and in excellent condition. After moving in, Maria discovers significant leaks during the first heavy rain, and a professional inspection reveals the roof was poorly patched, not replaced. Maria's potential legal claim against the seller for misrepresentation or breach of contract regarding the roof's condition would be considered ex empto. Her claim *is founded upon* the contract of sale for the house, as the condition of the roof was a material aspect of what she purchased.

• Example 3: Commercial Warranty Claims

  A construction company purchases a new fleet of heavy machinery from a manufacturer. The purchase agreement includes a five-year warranty covering major mechanical failures. When one of the excavators experiences an engine breakdown within the warranty period, the construction company's right to have the engine repaired or replaced by the manufacturer is an ex empto right. This entitlement *stems directly from* the original purchase of the machinery and the terms agreed upon in the sales contract.