In a recent ruling (Cass. com. 16-10-2024 n° 23-13.318 FS-B), the French Supreme Court clarified that the warranty for latent defects applies from the first sale, even if the sub-purchaser was already aware of the defect at the time of purchase.
This decision has far-reaching consequences both for sub-purchasers, who benefit from increased protection, and for sellers, who may find themselves sued in situations where the buyer was aware of the defect.
Confirmation of enhanced protection for sub-purchasers
The Cour de cassation recalls that the warranty for latent defects remains enforceable against the original seller, even when a defect is discovered by a subsequent purchaser. In other words, the sub-purchaser’s knowledge of the defect does not deprive him of his remedy. This solution consolidates the position of the sub-purchaser, who can assert his rights against the original seller and demand repair or compensation, in accordance with the law.
Implications for the original seller
This decision means that sellers may now be subject to warranty claims, even if the secondary buyer was aware of the latent defect prior to the transaction. It is therefore incumbent on them to ensure the quality of the goods sold, and to anticipate any difficulties arising from a potential claim. In practice, this reinforcement of the warranty benefits the stability and transparency of commercial transactions, while underlining the need for sellers to take precautions at the time of the first sale.
Ultimately, this case law illustrates the balance sought between the protection of sub-purchasers and the security of transactions for sellers. It confirms the pre-eminent position of the warranty against latent defects in French law, and reinforces the vigilance of professionals involved in successive sales.
