You might be wondering…

• “If the goods are defective, do I still have to pay the full price?”

• “How much of the price can I actually withhold?”

• “What if the seller claims that non-payment is a breach of contract?”

Clients often ask me…

• “I bought a car with a defect—can I refuse to pay the last installment?”

• “How is the amount I can withhold calculated?”

• “What if the seller doesn’t acknowledge the defect?”

Legal explanation (Sections 2108 and 2173 Civil Code)

According to the Civil Code:

• Section 2108: Until the defect is removed, the buyer does not have to pay the part of the price that reasonably corresponds to their right to a discount.

• Section 2173: Until the seller fulfills their obligations from defective performance, the buyer does not have to pay the outstanding purchase price or its part.

👉 In other words: the buyer does not have to pay “as if nothing happened” when the goods are defective. Withholding part of the price is a legitimate defensive tool against pressure to pay the full amount.

Biggest risks and common mistakes

• Withholding the entire price: The law only allows part corresponding to the defect, not 100 %, if the goods are still usable.

• Failure to prove the defect: Without evidence, withholding can be interpreted as buyer’s delay in payment.

• Lack of communication: Not informing the seller of the reason for non-payment is a strategic mistake—always state clearly that the price is withheld due to the defect.

Step-by-step guide

1. Identify the defect – inspect and document the goods.

2. Notify the defect – preferably in writing with evidence.

3. Calculate the reasonable portion – based on the value of defective vs. defect-free goods.

4. Withhold the corresponding part – not the full amount, unless the goods are unusable.

5. Demand repair or discount – or withdraw if it is a material breach.

Real-life example

A businessman bought a production line for CZK 1.2 million. After installation, the automatic sensor did not work. The line was partly operational but not fully functional. The buyer withheld CZK 200,000 until the defect was removed. The seller initially threatened a lawsuit but eventually had to acknowledge the defect after an expert report, and the amount was paid only after the repair.

Why DIY solutions are risky

Free “templates” rarely address timing or evidence. Yet calculation of the withheld amount and documentation of defects are decisive. Without them, you risk being labeled as a debtor.

Lawyer’s recommendation

When withholding part of the price, always notify the seller in writing, provide evidence of the defect, and justify the amount. This gives you legal protection and reduces the risk of litigation.

Checklist:

• Was the defect duly notified?

• Is the withheld amount reasonable?

• Do you have proof that the seller was informed of the reason for withholding?

FAQ

Can I withhold the entire price?
Only if the goods are completely unusable. Otherwise, only the part corresponding to the defect.

What if the seller says I am in default?
If you can show that you withheld only a reasonable part due to the defect, you are not in default.

Must the withholding be notified in writing?
Yes, written notification is recommended so you have evidence in case of dispute.