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Book 2 · Law of obligations  ›  Subtitle 1 · General provisions › Section 438

Limitation of claims for defects

(1) The claims cited in section 437 nos. 1 and 3 become statute-barred

1.  after 30 years if the defect consists of

a)  a right in rem of a third party on the basis of which surrender of the object of the purchase may be demanded, or of

b)  some other right entered in the Land Register,

2.  after five years

a)  in relation to a building, and

b)  in relation to a thing that has been used for a building in accordance with the normal way it is used and has resulted in the defectiveness of the building, and

3.  in all other cases in two years.

(2) In the case of a plot of land the limitation period commences upon delivery of possession, in all other cases upon delivery of the thing.

(3) In derogation from subsection (1) nos. 2 and 3 and subsection (2), claims become statute-barred after the standard limitation period if the seller fraudulently concealed the defect. In the case governed by subsection (1) no. 2, however, claims are not statute-barred before the end of the period specified therein.

(4) The right of rescission designated in section 437 is subject to section 218. Notwithstanding the fact that a rescission is ineffective under section 218 (1), the buyer may refuse to pay the purchase price to the extent it would be entitled to do so on the basis of rescission. If the buyer makes use of this right, the seller may rescind the agreement.

(5) Section 218 and subsection (4) sentence 2 apply accordingly to the right to abate the price set out in section 437.

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