A Maltese court examines the strict requirements and time limits governing claims for latent defects in movable property sales, clarifying when buyers can seek rescission and restitution of purchase price under the actio redhibitoria remedy.
In its judgment delivered on the 24 April 2026, in the names of Mary Rose Falzon (the “Plaintiff”) vs Nissan Motor Sales Limited (the “Defendant”), the First Hall Civil Court (the “Court”), presided over by Madame Justice Dr Audrey Demicoli, considered the requirements of the actio redhibitoria in respect of latent defects in a thing sold under Articles 1424 to 1432 of the Civil Code, Chapter 16 of the Laws of Malta, and in particular the application of the six-month forfeiture period prescribed by Article 1431 thereof.
The case concerned the sale of a Nissan Qashqai (the “Vehicle”) by the Defendant to the Plaintiff by virtue of a contract dated 6 March 2019, for the price of €25,500. As part of the wider commercial arrangement, the Plaintiff also traded in two further vehicles, and obtained bank financing in order to fund the acquisition.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
