The case, explained

The Autonomy of Damages Actions in Sales Contracts: 2024 Developments

5 min read · Updated May 2026 · Editorial oversight: Avv. Federico Papa

The issue concerning the relationship between redhibitory or estimatory actions and actions for damages reached a decisive consolidation in May 2024, confirming a trend that provides stronger protection to buyers of defective goods. According to reports from specialized publications such as Diritto e Pratica Immobiliare (Il Sole 24 Ore), the debate focused on whether a buyer can claim damages without necessarily returning the asset or renegotiating its total price. In this article, we will explore how high court case law resolved the dilemma regarding the accessory nature of damages, providing a comprehensive overview of applicable rules and defense strategies. A didactic «twin case» reconstruction will follow to illustrate the practical application of these principles in professional practice.

In brief

The article examines the autonomous nature of the action for damages under Art. 1494 of the Italian Civil Code in relation to the classic remedies of contract termination and price reduction. Building on recent 2024 case law developments, it analyzes the requirements for the warranty against defects, the burden of proof, and the relevant forfeiture and limitation periods. The text includes a practical case study and operational guidance for legal and real estate professionals.

  1. The Facts

    According to reports by Diritto e Pratica Immobiliare and EC News, the case stems from a dispute where a property buyer discovered serious latent defects, specifically undisclosed leaks and rising damp at the time of execution of the deed.

    The buyer did not intend to return the property or request a price reduction, preferring to sue exclusively for the reimbursement of repair costs. The seller opposed this, arguing that the damages action was merely ancillary to termination or price reduction actions.

    The matter reached the Court of Cassation, which evaluated whether the buyer could retain the asset while still obtaining financial compensation for the defects found.

  2. The Laws in Play

    The legal framework revolves around Art. 1490 of the Civil Code, which requires the seller to provide a warranty for defects that make the item unfit for use. Art. 1492 governs classic redhibitory and estimatory actions: contract termination (actio redhibitoria) and price reduction (actio aestimatoria).

    However, the cornerstone of the case is Art. 1494 of the Civil Code, which stipulates that the seller is liable for damages unless they prove they were unaware of the defects through no fault of their own. Finally, Art. 1495 sets critical deadlines: 8 days from discovery for notice of defects and 1 year from delivery to file the action.

  3. What Case Law Says

    The case law of the Supreme Court has clarified that the action for damages due to defects in the sold item is autonomous. This means the buyer can choose not to terminate the contract and not to alter the price, simply seeking compensation for the losses suffered.

    The court also specified that the seller's fault is presumed: it is up to the seller to prove they acted with due diligence and were unaware of the defect. This position favors contractual stability while ensuring full reparation for the buyer.

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  8. What it Teaches Professionals

    1. Timeliness: proof of notice within 8 days is the fundamental pillar upon which the buyer's entire defense rests.

    2. Strategic Autonomy: counsel can recommend pure damages when the client needs to retain the asset, avoiding the delays of redhibitory or estimatory actions.

    3. Fault Assessment: for a professional seller, exculpatory proof is extremely burdensome; the defense must focus on the unforeseeable nature of the defect through technical appraisals.

References: Articolo 1490 Codice CivileArticolo 1492 Codice CivileArticolo 1494 Codice CivileArticolo 1495 Codice Civile

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Avv. Federico Papa
Editorial oversight: Avv. Federico Papa·ICAM

Frequently asked questions

How long do I have to claim damages for a defect?

The law sets strict deadlines: the buyer must report the defect within 8 days of discovery, and legal action must be initiated within one year of delivery of the asset.

Can I claim damages if the seller was unaware of the defect?

Yes, because the seller's fault is presumed by law. It will be up to the seller to prove in court that their ignorance of the defect was not due to fault or negligence.

What happens if the defect is so serious that the item is useless?

In this case, the delivery of «aliud pro alio» (one thing for another) may apply, which allows for action within the ordinary 10-year limitation period.

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