Reduction of the purchase price due to defects in the sold item

Facts

At the end of 1979, Mrs. G. purchased a plot of land with a villa for 800,000 francs. Having noticed humidity problems in the basement, she had repair work carried out for an amount of 14,587 francs. She then filed an action against the seller, Mrs. T., to obtain reimbursement of these costs. The cantonal court granted her claim up to 21,633 francs 05. The seller appealed against this judgment.

Considerations

The Federal Court dismisses the seller's appeal and confirms the contested judgment. It recalls that the reduction in price, both in the sales contract (Art. 205 CO) and in the contract for work (Art. 368 CO), must be carried out according to the relative method. This means that the ratio between the reduced price and the agreed price corresponds to the ratio between the objective value of the item with the defect and its objective value without the defect.

When a difference between the price and the objective value of the item is not proven, the Federal Tribunal accepts that one can rely on the presumption that the price corresponds to the value of the item. In the absence of contrary elements, the judge can also presume…