The buyer who invokes the warranty

Application pratique:

Sophie must act swiftly: under Article 1648 of the Civil Code, she has a short period (often two years from discovery) to bring a hidden defects claim. By immediately filing a summary proceedings request (référé) to have a court-appointed expert inspect the damp, she satisfies the legal requirement and stops the short limitation clock. Once the expert is appointed, her substantive claim is safeguarded and subject to the standard five-year limitation period, giving her time to negotiate or litigate.

Application pratique:

Marc should not delay: he must initiate summary proceedings (référé) before the short period expires, requesting an expert report on the crack’s origin and severity. This judicial step preserves his right to claim under the hidden defects warranty against the seller, even if the standard limitation period later applies. He should also document all correspondence with the seller and keep evidence of the worsening condition, as the expert’s findings will determine whether the defect was present at sale.

Application pratique:

The co-owners’ association (syndicat des copropriétaires), through its syndic, should urgently apply for a court-appointed expert via summary proceedings (référé expertise) to inspect the roof and determine the defect’s origin. This action, taken within the short period of Article 1648, preserves the warranty against hidden defects against the original seller/developer. Once the expert is appointed, the claim benefits from the standard five-year prescription, providing ample time to resolve the dispute without losing rights.