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There is no right to a refund if you agree to purchase a defective property – 17/03/2019



(AFP) – The buyer can not complain that he got the facility in a bad condition if it was agreed with the seller that this bad condition is possible.

For the Court of Cassation, after two partners agreed on possible deficiencies, the seller delivering a defective item still fulfilled his obligation because he "delivered" the thing as promised.

The case was between a buyer of a used car and his dealer, after breaking a distribution belt that led to a break in the engine. For the buyer, the seller was wrong because he was supposed to change the belt for a long time according to the manufacturer's instructions.

But if, in principle, the buyer has the right to expect good that is customary in line with what could be expected, nothing prevents the buyer and seller from agreeing that their expected quality will be lower, reminded the judges.

However, there is evidence that the buyer has realized a price reduction in connection with bandwidth uncertainty. He could no longer look for a car that was in perfect condition. The car was delivered to him in accordance with the promise.

The seller must only be able to prove that his buyer understood the shortcoming and its significance, the Court prosecuted last October.

In sales, the buyer is obligated to pay and the seller is obliged to deliver the item exactly in accordance with what is announced or capable of performing a function that is logically expected.

(Cass Civ 1, 13.2.2019, A 17-12.580).


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