What is the time limit for taking action in the event of non-compliant delivery of an ordered vehicle?

A man buys a used luxury car. A few years later, he asked for experts because of a malfunction. It turns out that the vehicle’s registration certificate does not correspond to the characteristics of the vehicle in the sales contract: the data entered are those of other vehicles of the same make. Indeed, the car was rebuilt from three different vehicles.

The buyer takes the seller to court. He asks for the sale to be rescinded (canceled). He maintains that the vehicle has hidden defects, that is, a defect that is concealed at the time of sale. It also claims that the seller has breached its obligation to issue in accordance with the contractual stipulations.

The Paris Court of Appeal dismissed his application. It holds that the seller has failed to fulfill its obligation to guarantee hidden defects and not to comply with its obligation to issue it in accordance with the law. The limitation period for bringing an action shall be 2 years from the discovery of the defect. The buyer therefore appeals to the Court of Cassation.

The Court of Cassation quashes and quashes the appeal judgment. It classifies a failure to comply with the obligation to grant. The seller has delivered a product which does not comply with the agreement in the sales contract, namely a second-hand luxury car. Therefore, the resolution action could be brought up to 5 years after the sale.