PRICE DROP ACTION, WHAT IS IT?

When does the price reduction apply?

IN GENERAL

This action is regulated on the defects of the thing sold.

The reference rule is as follows: “the buyer can request the termination of the contract or the reduction of the price at his choice, unless, due to defects, the uses do not prevent the solution. The choice is irrevocable when made by court order.

If the delivered item is damaged due to defects, the buyer has the right to withdraw from the contract; if, on the contrary, it perishes by chance or through the buyer's fault, or if it has been alienated or transformed, he can only ask for a price reduction".

even in the warranty of the defects of the thing sold, the buyer can choose between the termination of the contract and the reduction of the price.

Usually that choice is his because he is the injured party.

 Contract defects or defects? Revocation of the insurance measure and reduction of the contractor's price. 

Analysis of a particular case

The law makes it possible to choose with only one limit: the irrevocability of the choice during a legal request.

With the presentation of the court decision, the buyer will no longer be able to make use of the second resource. If you take legal action to reduce the price, you cannot ask for the termination of the contract. Regarding these alternative obligations, the immutability of the judicial choice is established.

The action to reduce the price of the good, also called the action in estimation or "quanti minoris", is provided as a subsidy for the case where the buyer cannot or does not want to resort to the most drastic remedy of termination.

Its function is to protect the balance of the services broken down in the contract of sale, resulting in the adjustment of the price of the property to its lowest value due to the defects found in the contract.

to indicate specific criteria to be applied in order to correctly determine the amount due after price reduction, the jurisprudence appeals to criteria of fairness and the judge's prudent reasoning, even with regard to the general principle of compensation.

It should be remembered that the price reduction action aims at the correct balancing of the interests of the contracting parties.

the buyer obtains a refund of part of the price that he would not have paid if he had known about the defects in the work. For this reason, he is placed exactly in the position in which he would have been at the time of the sale if he had paid the appropriate consideration.

 Selling an apartment at a lower price thanks to the constant work of the co-ownership

USES

Care must be taken that there are no uses that would exclude the cancellation and limit the seller's liability to a simple price reduction. Here the buyer has only one way, price reduction, because usages, being the spontaneous formation of the will of the contracting parties in business life, indicate the correct and balanced way to follow, the only price reduction.

COSTS 

The seller is not obliged to reimburse the buyer for the costs incurred for the work.

If so, he assumed other obligations, to correct the vices and effects of the work, which the law does not establish.

The buyer is the one who must/wants to place the property at maximum capacity, assuming the respective costs, after acquiring the property in the quanti minoris exercise.

So it's like they bought it, knowing its flaws and shortcomings.

 Selling the apartment at a lower price thanks to the constant work of the condominium

The expenses we are talking about represent the natural economic burden for the joy of the work itself, since the buyer is obliged to keep it, instead of returning it to the seller.

it therefore only tends to establish the adequacy of the work and the consideration according to the vices or defects to which it is affected and the price paid for it, by reporting at the time of sale.

LOSS OF GOODS

If the thing heretofore delivered to the buyer is lost as a result of delay, everything happens as if the loss were attributable to the seller, and consequently as if the seller had never delivered it.

Given this very serious breach, certainly no action can be taken for price reduction, since the good no longer exists, only termination of the contract, although the uses are limited to allowing the reduction.

 Donation, Discount and Return Actions

PRICE REDUCTION ACTION

 AN EXAMPLE Here

is an example from the Federal Court.

The case in question is the following: an asset is sold; the buyers, who became owners, found that they lacked the necessary sound insulation, a defect that could not be checked during the inventory before the purchase, but for which it was not possible to demonstrate the extent of the devaluation of the property due to this reason. the judge considered - by indicating the form in general terms - "factors specific to each individual contract, such as the potential buyer's interest in acquiring this property depending on the location, exposure, size, etc., of the seller". charge the price and therefore the willingness to pay a more or less significant reduction in cost'.

The price reduction criterion identified for this case by the first judge was considered logical and rational: the reference parameter is the cost of any property regularization work, it must be tempered, arriving at the identification of 20% of the purchase price, taking taking into account the residential purpose of the building, the severity of the defect and its impact in relation to the ordinary use of the said asset

PRICE DROP ACTION 

18 august 2022
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