contracts
Redhibition (Warranty Against Redhibitory Defects)
Under Louisiana Civil Code art. 2520, every seller warrants the buyer against hidden defects existing at delivery. A defect that makes the thing useless allows rescission; one that only lessens value allows a price reduction. A good-faith seller can be sued within two years from delivery or one year from discovery, whichever is first; a seller who knew, within one year from discovery or ten years from the sale, whichever is first. A clear 'as is' clause can waive it.
- Exam tip
- Defects a buyer knew of or could find by simple inspection are not redhibitory, and an 'as is' waiver does not protect a seller who falsely declared a quality the property lacked.
- Example
- A seller hides a cracked foundation that makes the house unsafe; once discovered, the buyer may seek rescission of the sale rather than just a price reduction.
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Last verified: 2026-10-23