The plaintiff bought a second-hand car from one of the defendants. The other defendant offered a commercial additional guarantee over the car. A breakdown occurred after some time. However, the defendants refused to cover the repair cost. The plaintiff took legal action against both the seller and the guarantor. The seller argued that he was not made aware of the defect until November 2007, the statute of limitation being applicable . The guarantor alleged that the defect was not covered by the guarantee because, according to the wording of the guarantee, defects which are known or ought to be known by the seller and are not communicated to the guarantor, were not under the scope of the guarantee. However, the defect was difficult to detect as it required a time of use for it to be noticed. Therefore, it was considered that the seller was unaware of the lack of conformity of the product and the commercial guarantee may be deemed to be applicable.