What is meant by "redhibition" in real estate transactions?

"Redhibition" refers specifically to a legal right that allows a buyer to rescind or cancel a sale due to defects or hidden flaws in a property that were not disclosed by the seller. This principle is designed to protect buyers from purchasing property that is unfit for its intended use, where the seller is aware of the issues but fails to inform the buyer.

In Louisiana, the concept of redhibition is rooted in civil law and is a fundamental aspect of real estate transactions. If a buyer discovers a defect that significantly affects the value or use of the property, they may invoke redhibition to seek a return of their purchase price or a reduction in price for the defects discovered.

This legal recourse highlights the importance of transparency and disclosure in property transactions, ensuring that buyers are aware of any potential issues before finalizing a purchase. Understanding redhibition is essential for both buyers and sellers, as it impacts how sales agreements are structured and the liabilities that sellers may face.