Caveat emptor
Let the buyer beware.
Caveat emptor is a Latin legal maxim meaning “let the buyer beware.” The buyer bears the responsibility for examining the quality and suitability of the purchased goods.
Caveat emptor is a traditional principle of contract law under which the buyer bears the risk of any defects, unless the seller has given express warranties or the law provides otherwise. The principle originates from Roman law and emphasises the buyer’s own duty of inquiry at the time of entering into a contract of sale.
In Dutch law, the principle of caveat emptor is limited by provisions of the Civil Code governing non-conformity, mistake and the seller’s disclosure obligations. As a result, the buyer may in many cases still claim repair or rescission, even in the absence of warranties.
In practice, the principle is invoked primarily in the sale of second-hand goods or in commercial transactions without express warranties. Lawyers therefore always advise buyers to carry out a thorough inspection in advance in order to avoid subsequent disputes.
“The seller relied on caveat emptor, so the buyer ought to have inspected the machine himself to determine whether it was in good condition.”
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