It should be recalled, however, that the warranty for defects may be excluded or limited by agreement between the seller and the buyer.
The Court of Cassation, in its decision no. 3926/2023, points out that the warranty provided for in article 1495 of the Civil Code is mandatory within one year from the delivery of the purchased item, regardless of the discovery of the defect.
In a dispute between a construction company and the purchasers of a property, the Court of Cassation made a distinction between defects in the property that were admitted and recognised at the time of the conclusion of the contract and defects that occurred after the handover of the property.
While the former are subject to a limitation period of ten years for defects occurring after the signing of the contract, the Court reaffirmed the principle that "in the case of a sale, the action brought by the buyer against the seller to enforce the warranty provided for in Article 1495 of the Italian Civil Code is in any case subject to a limitation period of one year from the delivery of the purchased property, irrespective of the discovery of the defect".