Section Code: 0472 - 0474

Thai Civil and Commercial Code

SPECIFIC CONTRACTS
TITLE I
SALE
CHAPTER II
DUTIES AND LIABILITIES OF THE SELLER

Liability for Defect

Section 472. Liability for Defect

In case of any defect in the property sold which impairs either its value or its fitness for ordinary purposes, or for the purposes of the contract, the seller is liable.

The foregoing provision applies whether the seller knew or did not know of the existence of the defect.

Section 473. The seller is not liable in the following cases:

  1. If the buyer knew of the defect at the time of sale, or would have known of it if he had exercised such care as might be expected from a person of ordinary prudence.
  2. If the defect was apparent at the time of the delivery, and the buyer accepts the property without reservation.
  3. If the property was sold by public auction.

Section 474. Statute of Limitation for Defect

No action for liability for defect can be entered later than one year after the discovery of the defect.

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