Explanation of Article 339
The paragraphs of the article included cases where the seller does not guarantee the defect, even if it is significant and reduces the value of the sold item or its intended benefit, as follows: A- If the defect is not hidden from the buyer; meaning the buyer was aware of the defect at the time of sale or is presumed to have known about it, this paragraph includes two cases where the seller does not guarantee the defect due to the absence of the condition of the defect being hidden, which are: First: If the buyer knew about the defect at the time of sale, even if the defect was not apparent; because accepting the purchase with knowledge of the defect indicates consent to it. Second: If it is presumed that the buyer knew about the defect, meaning he could have discovered it himself if he had examined the sold item with the care of an ordinary person; in this case, the defect is considered apparent and not hidden, and the buyer bears the consequence of his negligence. There are two exceptions to the absence of the seller's guarantee in this case: The first exception: If the buyer proves that the seller assured him that the sold item was free from the specific defect found in it, because the seller's assurance to the buyer that the item is free from that defect is considered an implicit agreement that the seller guarantees this specific defect. The second exception: If the seller deliberately concealed the defect out of deceit, because the seller committed an error that overrides the buyer's negligence in not examining. If the buyer was aware of the defect or is presumed to have known about it, his claim that he thought the defect did not affect the intended benefit of the sold item is disregarded, unless he proves that he believed the defect was not significant and that an ordinary person could not perceive that the defect was significant. B- If the defect is something that customarily is tolerated, even if it is significant, such as fruits whose edible part is inside, like watermelon, melon, squash, and similar items, if customarily tolerated. C- If the defect is not old; meaning it occurred after delivery; the consideration for whether the defect is old or not is the time of delivery, not the time of sale. If the item was sound at the time of sale and then a defect occurred before delivery, the seller guarantees it because the item is under his guarantee before delivery. However, if the defect occurred after delivery, the seller does not guarantee it unless the defect is due to a cause existing in the item before delivery but appeared afterward; such as if the sold item is an animal carrying a disease germ before delivery and the disease occurred after. D- If the sale is at auction by judicial or administrative authorities; because the auction sale has been announced, and bidders have been given the opportunity to ensure its soundness before proceeding with bidding, it is better, after all these procedures have been taken, not to annul the sale for a matter that could have been avoided, so as not to repeat lengthy procedures with new expenses borne by the debtor. As for other non-judicial and administrative auctions, the seller guarantees the defect like other sales.
Related To
Article 339
A seller shall not warrant any defect in the sold item in the following cases:
a) The defect is known to the buyer at the time of sale or would have been discovered by a reasonable person upon inspection, unless the seller warrants to the buyer that the product is free from a certain defect or the seller deliberately conceals such defect.
b) The defect is accepted by custom.
c) The defect occurs after delivery, unless the cause thereof existed prior to delivery.
d) The sale was made at auction by judicial or administrative authorities.