You might be wondering…

“Do I have to notice every detail at delivery?” “If I don’t see a defect immediately, do I lose the right to complain?” “What happens if the defect only shows up later during use?”

My clients often ask…

A very common question is: “I bought an apartment and only after moving in I found out the electrical wiring doesn’t meet standards. Can I claim that as a defect?” Similarly, business clients ask: “The supplier delivered goods, but I didn’t notice that part of the order was missing. Now the seller argues I should have seen it immediately. Who is right?”

What the law says in a nutshell

• § 2103 Civil Code: The buyer has no rights from defective performance for defects that could have been discovered at the time of the contract with ordinary care. The exception is if the seller expressly assured the buyer the goods were defect-free or fraudulently concealed the defect.

• § 2104 Civil Code: The buyer must inspect the goods as soon as possible after delivery and verify their qualities and quantity.

• § 2105 Civil Code: If goods are dispatched, the buyer may postpone the inspection until they arrive at the destination. If the seller knew the goods would be further transported, the inspection may be postponed until they reach the final destination.

In other words: the buyer must actively inspect goods upon delivery and immediately report obvious defects. Hidden defects can be claimed later, once they appear.

Practical significance of the distinction

If the buyer fails to inspect the goods in time and does not notify the seller of a defect that could have been detected, they risk losing their rights. On the other hand, for hidden defects the buyer may claim even later, provided the defect existed at the time of delivery. For the seller, this means they cannot defend themselves by saying “you should have noticed it” if the defect was technical or specialist in nature and not detectable by ordinary inspection.

Common mistakes in practice

A major mistake by buyers is assuming that anything can be claimed at any time. If the defect was obvious and the buyer could have seen it at delivery, courts will not grant rights from defective performance. Another frequent issue is buyers failing to count or check goods upon delivery – only to discover later that items are missing. In such cases, their position is weak, since the defect was obvious from the start.

How to proceed correctly

Buyers should always carry out a basic inspection upon delivery – count items, check for visible defects, and compare the delivery against the contract or invoice. For more complex products, it is advisable to take photos or request a handover protocol. Sellers, in turn, should be ready to prove that the goods were free from defects upon delivery and maintain proper documentation.

Practical examples

• A consumer accepted a fridge with a dented side panel. The damage was visible upon unpacking but not recorded in the handover protocol. A later complaint was unsuccessful – it was an obvious defect.

• A company accepted a delivery of cables. Only during installation did it turn out the insulation failed to meet standards. This was a hidden defect, since it could not have been detected by normal inspection at delivery. The claim was successful.

• A buyer accepted building materials but did not count the pallets. A week later they discovered several were missing. The claim failed, as this was an obvious defect the buyer should have checked at delivery.

Why relying on intuition is risky

The line between obvious and hidden defects may seem simple, but in practice it is often disputed. What a layperson considers a hidden defect may be judged by a court as something that could have been identified with ordinary inspection. That is why it is unwise to rely on intuition – it is important to follow the legal framework.

Lawyer’s recommendation

As a lawyer, I advise buyers to always take the time for inspection upon delivery and not to leave without a protocol if there are doubts. I recommend sellers be prepared to prove that the buyer had the opportunity to inspect the goods and raise complaints. Clear rules and documentation are the best prevention against disputes.

FAQ

What is an obvious defect?
A defect that could have been detected at delivery through ordinary inspection.

What is a hidden defect?
A defect that only appears during use and could not reasonably have been detected at delivery.

Can I complain about an obvious defect later?
Usually not. If you could have noticed it at delivery and did not, you lose rights from defective performance.