The Concept of Hidden Defects in Sale Contracts: An Analytical Study

Abstract

The problem addressed by this research lies in attempting to define the legal framework adopted by the Saudi regulator for identifying latent defects in a contract of sale, clarifying their legal nature, and specifying the conditions required for a defect to be considered latent and thus warrant a guarantee. This is achieved through an analytical study that explains the basis upon which liability for such defects is established, and the extent to which it is consistent with the general rules of contracts.  The importance of this study lies in its contribution to interpreting the statutory provisions related to the warranty of latent defects and clarifying the criteria for their determination. This benefits researchers and those interested in legal matters, helps regulate the legal understanding of this concept, and provides a clear perspective on the obligations of the parties in a contract of sale in accordance with the Civil Transactions Law.