Legal Updates

A buyer may cancel a transaction if he discovers that the property does not match the property ordered

December 10, 2018

A woman bought a French bulldog puppy to compete in dog shows and in order to breed. When it turned out that the dog was suffering from congenital health problems that prevented it from serving for purposes it was bought for, the buyer asked to return the dog.

The Court held that the dog should not be returned, but the seller must compensate the purchaser at the difference between a regular dog and a dog for competitions. The Law states that a seller does not fulfill its obligations if it delivers an asset that does not have the quality or characteristics required for its normal or commercial use and that the buyer is entitled to cancel the transaction if he has notified the defect as soon as it is disclosed. The buyer purchased the dog while expecting the dog becomes an exhibition dog and therefore it is a discrepancy that justifies compensation, even if in this case the cancellation of the transaction and the return of the dog are unreasonable.