Redhibition Redhibitory action Redhibitory vice or defect

– the avoidance of a sale on – an action instituted to avoid a – a defect in the article sold
account of some vice or defect sale on account of some vice or against which defect the seller is
in the thing sold, which defect in the thing sold which bound to warrant.  The vice or
renders its use impossible, or renders its use impossible, or so defect must constitute an
so inconvenient and imperfect inconvenient and imperfect that it imperfection, a defect in its
that it must be supposed that must be supposed that the buyer nature, of certain importance;
the buyer would not have would not have purchased it had and a minor defect does not five
purchased it had he known of he known of the vice. The object rise to redhibition.  The mere
the vice. is the rescission of the contract. If absence of a certain quality in
the object is to procure the return the thing sold which the vendee
of a part of the purchase price thought it to contain is not
paid by the vendee, the remedy is necessarily a redhibitory defect. 
known as accion One thing is that is positively
minoris orestimatoris. suffers from certain defects.
Doctrines of caveat venditor and caveat emptor
Caveat venditor Caveat emptor
(Let the buyer beware)
(Let the seller beware)

– the vendor is liable to the vendee for any – applies in sheriff’s sale, sales of animals, and
hidden faults or defects in the thing sold, even tax sales, for there is no warranty of title or
though he was not aware thereof (Art. 1566).-  quality on the part of the seller in such sales.
Based on the principle that a sound price –  Also applies in double sales of property where
warrants a sound article. the issue is who between two vendees has a
better right to the property .
–  Requires the purchaser to be aware of the
supposed title of the vendor and one who buys
without checking the vendor’s title takes all the
risks and losses consequent to such
failure [Solvoso vs. Tanega, 87 SCRA 349].
Alternative remedies of the buyer to enforce warranty (Art. 1567):
1. Accion redhibitoria – to withdraw from the contract
2. Accion quanti minoris – demand a proportionate reduction of the price, with a right to
damages in either case
Effect of loss of thing sold on account of hidden defects (Art. 1568) 
If the vendor was aware of the hidden defects (a)    the expenses of the price paid
in consequence of which the thing sold was lost, b)    the contract; and
he shall bear the loss because he acted in bad (c)    damages.
faith. In such case, the vendee has the right to
recover:
If the vendor was not aware of them, he shall
be obliged only to return:
(a)    the price paid
(b)    interest thereon; and
(c)    expenses of the contract if paid by the
vendee.  He is not made liable for damages
because he is not guilty of bad faith.

https://philippinebar.wordpress.com/2012/03/22/pointers-in-contract-of-sale-mercantile-
law/#:~:text=Redhibitory%20vice%20or%20defect&text=The%20object%20is%20the
%20rescission,seller%20is%20bound%20to%20warrant.