You might be wondering…

“How quickly must I notify a defect?”
“Are the deadlines the same for obvious and hidden defects?”
“What if I only discovered the defect later?”

Clients often ask me…

“Can I claim a defect even a year later if the item breaks down?”
“If I discover a hidden defect after two months, do I still have a chance?”
“Is an email enough, or must the notification be in writing by post?”

What the law says (Sections 2111–2112 Civil Code)

• Section 2111: The buyer must notify the defect without undue delay after they could have discovered it through timely inspection.

• Section 2112: If the buyer does not notify the defect within two years of taking possession, the right to claim the defect expires.

• For consumers, special protective rules apply under consumer law (typically 24 months).

• For businesses, deadlines may be much stricter—immediate inspection upon delivery is usually required.

Common mistakes and risks

• Late notification. Waiting for the defect to “get worse” often results in loss of rights.

• No proof of notification. Oral complaints don’t count—without evidence, you can’t prove timeliness.

• Confusing deadlines. Many mix up the two-year expiry limit with the obligation to notify without undue delay. In fact, delay alone is enough to lose rights.

Step-by-step timeline

1. Taking possession of goods
→ Inspect the goods immediately.

2. Obvious defects
→ Notify without undue delay (ideally immediately).

3. Hidden defects
→ Notify without undue delay after discovery.

4. Maximum deadline
→ Within 2 years of taking possession (unless law or contract states otherwise).

5. Form of notification
→ Always in writing and provable (email with confirmation, registered mail).

Real-life example

A buyer received a machine in June and noticed a small defect immediately. Thinking it best to wait and see if the defect worsened, they didn’t complain until December. The court ruled the claim late, since the defect could have been notified upon delivery. Rights from defects expired.

Why DIY claims are risky

Free “templates” rarely cover timing or evidence. Yet timing and proof are exactly what decide whether you actually enforce your rights.

Lawyer’s recommendation

Always notify defects quickly, in writing, and with proof of delivery. Otherwise, you risk the court rejecting your claim as late.

Practical checklist:

• Did you inspect immediately upon delivery?

• Did you notify the defect without undue delay?

• Do you have proof of when and how you made the claim?

• Are you keeping track of the two-year maximum period?

FAQ

How long do I have to claim a defect?
You must notify it without undue delay, and no later than 2 years after taking possession.

Is email notification enough?
Yes, but it’s best to have delivery confirmation.

Are the deadlines different for consumers?
Yes, generally 24 months of protection—but even here, defects must be notified without undue delay.