Section 3: Guarantee.

In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.

If the seller knew of the defects in the thing, he is liable, in addition to restitution of the price he received for it, to the buyer for all damages.

If the seller was unaware of the defects in the thing, he will only be liable to make restitution of the price, and to reimburse the purchaser for the costs occasioned by the sale.

The seller of a building to be constructed is bound, as from acceptance of the work, by the obligations to which architects, contractors and other persons bound to the client by a contract for the hire of work are themselves bound pursuant to Articles 1792, 1792-1, 1792-2 and 1792-3 of this Code. These guarantees benefit successive owners of the building. There will be no grounds for rescinding the sale or…

If the thing which had defects has perished as a result of its poor quality, the loss shall be for the seller, who shall be liable to the buyer for restitution of the price and for the other damages explained in the two preceding articles. But the loss which has arrived by fortuitous event shall be for the buyer’s account.

An action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.

It does not take place in sales made by judicial authority.