4 - Cases Where Return of the Sold Item Lapses or the Action Is Not Available
Article 459
Article 459 - The redhibitory action becomes extinct when the defect has disappeared, before or during the proceedings for rescission or reduction of price, if it is a defect transitory in nature and which is not susceptible of reappearing. This provision does not apply if the defect is of such a nature that it could reoccur.
Article 460
Art. 460 - The seller is not liable for apparent defects, nor for those of which the buyer was aware or could have easily been aware. However, the seller is liable even for defects that the buyer could have easily been aware of, if he declared that they did not exist.
Article 461
Art. 461 - The seller is not liable for the defects of the thing or the absence of the required qualities: 1 - If they are declared; 2 - If he has stipulated that he would not be bound by any warranty.
Article 462
Article 462 - The redhibitory action becomes extinct: 1 - If the buyer has expressly renounced it after having had knowledge of the defect of the thing; 2 - If, since the defect became known to him, he has sold the thing or otherwise disposed of it by way of ownership; 3 - If he has applied it to his personal use and continues to use it after having known the defect with which it is affected. This rule does not apply to houses and other similar immovable property, which one may continue to occupy or to use during the proceedings for rescission of the sale.
Article 463
Art. 463 - Any action resulting from redhibitory vices or the lack of promised qualities must be brought, under penalty of forfeiture: - For immovable property, within 365 days after delivery; - For movable property and animals, within 30 days after delivery, provided that the seller has been given the notice referred to in Article 446. These time limits may be extended or reduced by mutual agreement between the parties.
Article 464
Art. 464 - The action for redhibition shall not be applicable to sales made by judicial authority.