You might be wondering…

“If I discover a defect after a year, can I still claim it?”
“Do I have to report the defect immediately, or do I have time?”
“What happens if the seller objects that I reported it too late?”

My clients often ask…

“I bought machinery that had a manufacturing defect, but I only discovered it after a year. Can I still make a claim?”
“My customer is complaining about a product after two years – do I have to comply?”

What the law says in a nutshell

• § 2112 (1) Civil Code: The buyer must notify the defect without undue delay after they could have discovered it with sufficient care.

• For hidden defects, the maximum period is 2 years from delivery – after this, the right expires.

• § 2112 (2) Civil Code: The court will only consider late notification if the seller raises the objection that the defect was not reported in time.

• Exception: The seller cannot raise this objection if they knew or must have known about the defect at the time of delivery.

Practical significance

The buyer must not only detect the defect but also report it quickly. Waiting too long risks losing their rights. On the other hand, the law protects the buyer if the seller concealed or knew about the defect. For entrepreneurs in B2B contracts, the duty is even stricter – they must inspect deliveries immediately and report defects without delay.

Common mistakes in practice

• Buyers detect a defect but only report it months later – the court may consider this too late.

• Parties confuse warranty period with notification period – they are different legal concepts.

• Sellers fail to make use of the objection that the defect was not reported in time – losing a strong defense.

How to proceed correctly

The buyer should always notify the defect as soon as possible, ideally in writing. It is not necessary to have an expert report immediately – a description of the defect and proof that it was reported in time is enough. Sellers should carefully check whether the buyer reported the defect in time and, if not, raise this defense actively.

Practical examples

• A consumer claimed a TV 18 months after purchase because of a hidden manufacturing defect. The claim was timely – the two-year period had not yet expired.

• A business discovered defective goods in a delivery but only reported it three months later. The court dismissed the claim – they should have acted immediately.

• The seller knew about defects in windows but concealed them. Even though the buyer complained after two years, the court upheld their right.

Why a warranty is not enough

A warranty for quality is not the same as rights from defective performance. A warranty is a voluntary assurance, whereas defect rights must always be exercised in time. Confusing the two can easily cause a buyer to lose their rights.

Lawyer’s recommendation

I advise buyers: notify defects as soon as you discover them. Do not delay. I advise sellers: always check whether the claim was made in time and use this defense whenever possible.

FAQ

How quickly must I notify a defect?
Without undue delay after discovering it.

What is the maximum time for hidden defects?
Two years from delivery. After this period, the right expires.

Can the court uphold a claim even after two years?
Only if the seller knew about the defect or fraudulently concealed it.