Latent Defects And The Actio Aestimatoria

In the case George Borg Marks and Joan Borg Marks (the "Plaintiffs") vs. Yolo Properties Limited (the "Defendant"), Honourable Judge Audrey Demicoli examined the notion of latent defects, the period within which a claim for latent defects must be brought (in the case of immovable property), the moment from which such period starts to run, and the remedial action which is available should the Plaintiff succeed in brining such action. The case was decided on the 11 February 2022 before the First Hall Civil Court (the "Court").

The facts of the case are as follows; On the 31 May 2019 the Plaintiffs bought an apartment (the "Apartment") from the Defendants who sold the apartment to the Plaintiffs in what they deemed to be a finished state. All costs for finishings were also included within the purchase price.