Redhibition


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REDHIBITION, civil law, and in Louisiana. The avoidance of a sale on account of some vice or defect in the thing sold, which renders it absolutely useless, or its use so inconvenient and imperfect, that it must be supposed that the buyer would not have purchased it, had he known of the vice. Civ. Code of Lo. 2496. Redhibition is also the name of an action which the purchaser of a defective movable thing may bring to cause the sale to be annulled, and to recover the price he has paid for it. Vide Dig. 21, 1.
     2. The rule of caveat emptor, (q.v.) in the common law, places a purchaser in a different position from his situation under the like circumstances under the civil law; unless there is an express warranty, he can seldom annul a sale or recover damages on account of a defect in the thing sold. Chitty, Contr. 133, et seq.; Sugd. Vend. 222 2 Kent, Com. 374; Co. Litt. 102, a; 2 B1. Com. 452; Bac. Ab. Action on the case, E; 2 Com. Cont. 263.

References in periodicals archive ?
113) Now, however, waivers of redhibition and "as is" sales are such common place in the real estate industry that often contracts of sale have boilerplate language that meets the express requirement for the avoidance of this warranty.
However, if Bobby had signed a waiver of redhibition at the time of purchase, he would not be entitled to recover the damages.
In the redhibition cases that invoke the Subsequent Purchaser Doctrine, the vendor (prior owner) is an innocent party who simply happened to own the land when it was damaged.
It is common practice today to sell real estate with a waiver of redhibition.
The purpose behind the waiver of redhibition is to protect the seller of the property from suit, not previous tortfeasors outside of the chain of title.
It would also be in line with the current treatment of hidden property defects under redhibition.