Legal Definitions - res fit inempta

Res fit inempta is a historical Latin legal principle that translates to "the object is regarded as unbought." In modern, accessible terms, it signifies that a sale or transaction is considered null and void, as if it never happened. The parties involved are returned to their original positions before the agreement was made, and the item in question is no longer considered to have been sold.

Here are some examples to illustrate this concept:

• Real Estate Transaction Cancellation: Imagine a buyer and seller enter into a contract for the sale of a house. The contract includes a contingency clause stating that the sale is dependent on the buyer securing a mortgage loan within 30 days. If the buyer is unable to obtain the necessary financing within that timeframe, the contract becomes void.

  In this scenario, the principle of res fit inempta applies. The house is "unbought," meaning the sale is off, and both the buyer and seller are released from their obligations. The property returns to the market as if the purchase agreement had never existed.

• Defective Goods Purchase: Consider a situation where a customer orders a custom-built computer from a manufacturer. Upon delivery, the customer discovers that the computer does not meet the agreed-upon specifications—for instance, it has a different processor and less memory than ordered. The customer immediately rejects the delivery and requests a full refund.

  Here, because the delivered item fundamentally deviates from the contract, the customer can invoke their right to cancel the purchase. The computer is then treated as res fit inempta; it is "unbought," the payment is returned, and the customer is not obligated to accept the non-conforming item.

• Auction Sale Invalidated: Suppose a rare antique vase is sold at a public auction. After the winning bid is declared, it is discovered that the bidder was a minor, or that there was a significant error in the auction process (e.g., the reserve price was not met but the item was mistakenly declared sold). The auction house then decides to invalidate the sale.

  Under these circumstances, the sale of the vase is considered res fit inempta. The transaction is nullified, the vase is "unbought," and it remains the property of the original seller, potentially to be re-auctioned or returned to their possession as if the initial sale never took place.