Legal Definitions - redhibitory defect

A redhibitory defect is a significant flaw or imperfection in an item that has been sold, which was not apparent to the buyer at the time of purchase. This defect is so serious that it either makes the item completely unsuitable for its intended use, or its use is so inconvenient or imperfect that the buyer would not have purchased it, or would have paid a much lower price, had they known about the flaw. In legal systems based on civil law (such as in Louisiana), if a redhibitory defect is discovered, the buyer typically has the right to return the item and receive a full refund of the purchase price.

Here are some examples to illustrate this concept:

• Example 1: Used Car Purchase

  A person buys a used car from a dealership. A week after the purchase, the car's engine suddenly fails completely due to a severe internal manufacturing defect that existed at the time of sale but was expertly concealed and not discoverable during a standard pre-purchase inspection. An independent mechanic confirms the defect makes the car inoperable.

  How it illustrates the term: The engine failure due to a hidden, pre-existing manufacturing defect renders the car unusable for its primary purpose (transportation). This serious, non-obvious flaw qualifies as a redhibitory defect, allowing the buyer to potentially return the vehicle and demand a refund.

• Example 2: Residential Property Sale

  A family purchases an older home. Shortly after moving in, they discover extensive, hidden dry rot and structural damage in the main support beams of the house's foundation. This damage was not disclosed by the seller and was not reasonably detectable during a typical home inspection conducted before the sale. Repairing the damage would cost a substantial portion of the home's purchase price.

  How it illustrates the term: The undisclosed and hidden structural damage significantly impairs the safety and value of the home, making it unfit for its intended residential purpose without major, costly repairs. This constitutes a redhibitory defect, potentially giving the buyers grounds to seek rescission of the sale or a significant reduction in the purchase price.

• Example 3: Commercial Equipment Acquisition

  A bakery owner buys a new, specialized industrial mixer for their business. After several weeks of use, the mixer consistently fails to properly combine ingredients, leaving large lumps and uneven textures in every batch. A technician determines this is due to a fundamental design flaw in the mixer's gears that existed at the time of purchase, making it incapable of performing its core function effectively.

  How it illustrates the term: The mixer's inability to perform its essential function (mixing ingredients thoroughly) due to a hidden design flaw present at the time of sale makes it unsuitable for the bakery's commercial needs. This fundamental imperfection is a redhibitory defect, entitling the bakery owner to return the equipment for a refund.