When does liability for property returned due to a defect transfer from the purchaser to the seller?
Liability for property returned on the grounds of a defect transfers from the purchaser to the seller as soon as the seller agrees to take it back from the purchaser, even if the seller has not physically taken it back. Alternatively, liability transfers immediately upon proof in a court of law of the defect in the property sold, entitling the purchaser to return it, regardless of whether there is a court order for its return. If the seller is present, liability passes to them at that moment. However, if the seller is absent, liability only transfers upon the issuance of a judgment for the return of the property.