You Might Be Thinking…

“When something breaks, I’ll just claim the warranty.”
Reality is more complex. The law distinguishes between different types of defects, different time limits, and different remedies for the buyer. And if nothing is agreed in the contract, you may end up playing by rules that favor the seller.

Clients Often Ask Me…

• What is the difference between liability for defects and warranty?

• How long do I have to make a claim?

• Do the rules differ for cars versus real estate?

• What if the seller knew about a defect but hid it?

• Can I withdraw from the contract due to defects?

Liability for Defects in a Nutshell

Under the Civil Code, the seller must ensure that the item is free of defects at the time of delivery. If a defect appears, the buyer has the right to:

• demand repair,

• replacement of the item,

• a discount on the price,

• or, in serious cases, withdraw from the contract.

Warranty (contractual or statutory) goes even further – it guarantees that the item will function for a certain period of time.

Risks and Common Mistakes

• Claiming after the deadline – 24 months for consumer goods, 5 years for real estate, but beware of the burden of proof.

• Unclear contract – if liability for defects is not regulated, it’s harder to enforce your rights.

• Hidden defects – the seller conceals a problem (dampness in a house, a crashed car). Litigation may drag on for years.

• Lack of evidence – without a handover protocol or photos, it’s difficult for the buyer to prove that a defect existed.

Step-by-Step Guide

1. Identify the type of defect – visible vs. hidden, substantial vs. non-substantial.

2. File the claim in writing – preferably by registered letter or e-mail.

3. Provide evidence – invoice, contract, photos, expert opinion.

4. Propose a remedy – repair, discount, replacement, withdrawal.

5. Watch the deadlines – 24 months for goods, 5 years for real estate.

6. Don’t take no for an answer – if the seller refuses, legal assistance and possibly litigation are necessary.

Examples from Practice

• Car with hidden accident history – seller claimed it was “in perfect condition.” The hidden defect was proven, and the buyer succeeded in court with a price reduction claim.

• House with dampness – client paid millions, but the seller concealed serious structural issues. Litigation is ongoing, but without legal help, the buyer would stand no chance.

• Electronics – appliance broke after 18 months. Seller claimed normal wear and tear. With an expert report, the client received a replacement.

Why Be Careful with DIY Templates

Many “purchase agreement template free” versions either omit liability for defects entirely or copy outdated provisions. The result? Buyers feel safe but actually have no protection.

Lawyer’s Recommendation

• Always insist that liability for defects is included in the contract.

• For cars or real estate, request explicit seller statements about the condition.

• Document the handover with photos and a written protocol.

Checklist for Warranty Claims

✔ written contract with liability provisions
✔ handover protocol and evidence
✔ knowledge of deadlines (24 months / 5 years)
✔ proper written claim

FAQ

What is the difference between liability for defects and warranty?
Liability for defects always applies; warranty adds extra protection by extending it.

How long do I have to make a claim?
Consumer goods – 24 months; real estate – 5 years.

Can I withdraw from the contract?
Yes, if the defect prevents proper use or if it recurs.