Legal Definitions - redhibitory action

A redhibitory action is a legal claim initiated by a buyer against a seller to either cancel a sale and recover the full purchase price, or to obtain a reduction in the purchase price. This action is pursued when the item sold possesses a hidden defect that existed at the time of the sale, was not discoverable through a reasonable inspection, and is so significant that it renders the item useless, or its use so inconvenient or imperfect, that the buyer would not have purchased it had they known about the defect.

Here are some examples illustrating a redhibitory action:

• Example 1: Used Vehicle Purchase

  Imagine a person purchases a used sedan from a car dealership. During the test drive and a pre-purchase inspection by a mechanic, no major issues are detected. However, two weeks after the sale, the car's transmission completely fails due to a severe internal defect that was present at the time of sale but was expertly concealed and not reasonably discoverable. The cost to repair the transmission is nearly as much as the car's purchase price, effectively rendering the vehicle inoperable.

  This illustrates a redhibitory action because the buyer could sue the dealership to cancel the sale and get a full refund. The transmission defect was hidden, existed at the time of sale, and made the car essentially useless, which the buyer would not have accepted had they known.

• Example 2: Residential Property Sale

  A couple buys an older house, relying on a standard home inspection that found no significant structural issues. A few months after moving in, they discover extensive termite damage to the main support beams in the attic and crawl space. This damage was present before the sale, was covered by drywall and insulation, and was not reasonably discoverable during a typical inspection. Repairing the damage requires major structural work and makes parts of the house unsafe until fixed.

  Here, the couple could pursue a redhibitory action against the seller. The hidden termite damage existed prior to the sale, was not reasonably discoverable, and significantly impairs the home's value and safety, making it a purchase they likely would have avoided.

• Example 3: Commercial Equipment Acquisition

  A small bakery purchases a new, high-capacity commercial mixer from a restaurant supply company. After several weeks of use, the mixer consistently overheats and seizes, despite being operated according to manufacturer specifications. An independent technician determines there is a fundamental design flaw in the motor's cooling system that existed at the time of manufacture and sale, making the mixer unreliable and unsuitable for continuous commercial use.

  This is a redhibitory action because the bakery can seek to return the mixer and obtain a refund from the supply company. The inherent design flaw, though not immediately obvious, renders the mixer unfit for its intended commercial purpose, representing a hidden defect that existed at the time of purchase.