Legal Definitions - redhibition

Redhibition is a legal concept, primarily found in civil law systems, that allows a buyer to cancel a sale and return an item due to a significant hidden defect. This defect must be so severe that it makes the item either completely useless for its intended purpose or so imperfect that the buyer would not have purchased it had they known about the flaw at the time of sale.

Here are some examples illustrating redhibition:

• Example 1: Defective Used Vehicle

  A customer purchases a used luxury sedan from a dealership. A few weeks later, a mechanic discovers a critical, pre-existing crack in the engine block that was not disclosed and would cost more than the car's value to repair. This defect renders the car unreliable and unsafe, making it essentially useless for transportation. The buyer, had they known about this fundamental flaw, would certainly not have bought the vehicle. In this scenario, the buyer could pursue redhibition to void the sale, return the car, and recover their money.

• Example 2: Flawed Commercial Equipment

  A small business owner buys a new, high-capacity industrial printer for their print shop. After installation, it becomes apparent that the printer consistently misaligns colors and jams paper, despite multiple attempts by technicians to fix it. The printer's output quality is consistently poor, making it unsuitable for professional use and costing the business valuable time and materials. Since the printer cannot perform its core function reliably, it is considered useless for the business's needs. The owner could seek redhibition to return the printer and get a refund, as they would not have purchased it knowing of these inherent and unfixable flaws.

• Example 3: Imperfect Custom Furniture

  A homeowner commissions a custom-built dining table made from a specific type of rare wood. Upon delivery, they discover that the wood used has extensive, deep cracks and significant warping that were not part of the design and compromise the table's stability and aesthetic appeal. While the table might still technically stand, its structural integrity is compromised, and its appearance is far from what was agreed upon, making it significantly imperfect. The homeowner would not have accepted or paid for the table in this condition. They could invoke redhibition to reject the table and demand a refund or a properly constructed replacement, as the delivered item is fundamentally flawed compared to what was promised.