Warranty On Hidden Defects
Warranty On Hidden Defects
When can the seller be held liable for warranty against the hidden defects?
General Rule The thing sold may or should render the subject matter unfit for the use for which it is intended (Art. 1561) Should they diminish its fitness for such use to such extent that, had the vendee been aware thereof, he would not have acquired it or would have given a lower price for it. (Art. 1561)
Exemptions If there are patent defects or those which may be visible (Art. 1561) Those which are not visible if the vendee is an expert who, by reason of his trade or profession, should have known them (Art. 1561) Stipulation between parties; provided, the vendor was not aware of the hidden faults or defects in the thing sold. Case: Investment & Development Inc. vs. Court of Appeals 162 SCRA 636 (1988)
expert knowledge is not sufficient to discover it, even when a professional inspection has been made.
But the veterinarian, who has failed to discover or
disclose such defect through ignorance or bad faith, shall be liable for damages.
the others. This is true whether the price was a lump sum or separate rate for each animal.
Exception: In a sale of team of animals
GR: No warranty against hidden defects of animals that are sold at fairs or at public auctions or those live stock that are sold as condemned. Exception: The fact that the livestock is condemned must be communicated to the buyer, otherwise, the seller is still liable.
Art. 1575 - Two (2) kinds of void sales with respect to
its purchase, the vendor shall be liable if the disease which causes the death existed at the time of the contract.
Withdrawing from the contract - six (6) months
his negligence.