Kuwait Court of Cassation principle number 2736

The seller's warranty against latent defects and its warranty of the description of the sold property. The legislature distinguished between them. It devoted a special provision to the latter, making the contract the basis of the seller's obligation to warrant the description, rather than treating it as a latent defect. The consequence thereof: the short limitation period prescribed for barring an action under the warranty against latent defects does not apply to an action under the warranty of description. - The seller's obligation to deliver the sold property with the description agreed upon in the contract. Absence of that description. The buyer has the option of rescinding the contract or maintaining it, with compensation in both cases. It is not required in this respect that the missing characteristic be material or latent, or that the buyer knew or did not know of it, and no regard is had to the seller's good or bad faith.