What is the effect of an architect’s appraisal of immovable property on an actio redhibitoria or an actio aestimatoria?

Abstract

The focus of this study paper revolves around one of the two warranties provided by Maltese law to buyers of things: the warranty against latent defects. It analyses what is meant by a ‘defect’ and what attributes it must have in order for the courts to classify it as latent. This contribution studies the level of diligence expected from a prospective buyer when examining the thing they are considering to buy. It delves into the highly-debated point of law as to whether prospective buyers are expected to engage experts if they are not competent in the field. More specifically, this contribution concentrates on situations where the ‘thing’ under consideration is immovable. It analyses which building defects are considered as latent ones and which ones are not. It studies whether, upon buying a property, the buyer is expected to engage an expert, i.e., an architect. The paper compares the outcome of judgements in court cases where an architect was engaged with situations where a purchase was secured by a non-technical buyer without any advice from an architect. This paper proceeds to study situations where, after purchasing a property, the buyer starts suspecting the presence of a latent defect and at what point they should institute a case in order not to be time-barred. Within this ambit, the relevance of an architect’s post-purchase assessment of the property is examined. Finally, this contribution analyses the common pleas of defence brought forward by defendants/sellers. These include prescription, undermining the latency of the claimed defect or claiming exoneration from responsibility because during the negotiations the buyer had engaged an architect to inspect the property. In conclusion, after acquiring the required knowledge, this paper tackles the crucial question: What is the effect of an architect’s appraisal of immovable property on an actio redhibitoria or actio aestimatoria?