Hidden Defects in Real Estate and the Deadline for Notification: How Quickly Must You Act?

Hidden defects are a common issue faced by new homeowners or apartment owners. A leaking roof or improperly laid flooring can become apparent only over time—often when it is too longer feasible to negotiate reasonably with the seller. In such situations, the buyer must act quickly. The ability to exercise rights regarding a defect is legally dependent on its notification without undue delay.

A hidden defect is such that the buyer could not have discovered it during a normal inspection, even with sufficient diligence, though it existed at the moment of property acquisition. We discuss hidden defects in more detail in these articles: Hidden Defects in Real Estate and the Liability of Real Estate Agencies, Limitations and Exclusions of Seller’s Liability, Claims for Hidden Defects in Real Estate.

In this article, we will focus on the timing aspect—specifically, by when the hidden defect must be reported to the seller in order to exercise one’s rights.

The basic rule stems from § 2112 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter “Civil Code”): the buyer must report the hidden defect without undue delay after they could have discovered it with timely inspection and sufficient care, and no later than within five years of taking over the property. If the buyer fails to meet both these conditions, the court typically does not grant them the right from the defective performance. Thus, the key is the notification “without undue delay” as soon as the buyer discovers or could have discovered the defect.

This seemingly vague formulation has been consistently interpreted by jurisprudence to mean a very short period, typically a matter of days, occasionally weeks. For instance, the Supreme Court explicitly stated in the verdict sp. zn. 23 Cdo 1949/2023 that a notification made after two months cannot be considered timely. The same conclusion was reiterated in other cases where the buyer reported the defect more than a month after they could have discovered it (e.g., 23 Cdo 2370/2022, 33 Cdo 2488/2020).

The crucial moment is not when the buyer has an expert opinion or other evidence—the notification must be made immediately upon discovering the defect, and only subsequently document the details or arrange for professional assessment. It is not necessary to know the exact cause of the defect or its technical background, for notification purposes, a description of the manifestation, such as recurring puddles in the garage, is sufficient. It is also not necessary to state immediately what specific resolution the buyer requires; this can be added in the next step, after notifying the defect itself. It is crucial that the defect is reported as soon as possible.

To prove in any potential dispute that the defect was reported in time, we recommend making the notification in writing—preferably by email, registered letter, or through a data mailbox. It should describe the nature of the defect, when it was detected, and optionally include photo documentation.

A significant exception to the obligation to report the defect without undue delay occurs when the seller knew or should have known about the defect. Therefore, if it can be proven that the seller, for example, concealed a known construction issue or its cause, the buyer cannot be faulted for late notification.

In conclusion, although the term “without undue delay” may seem vague at first glance, courts interpret it quite strictly. A buyer who notifies a defect only after several weeks or months may not be able to successfully claim their rights, even though the defect meets the criteria of a hidden defect. The basic recommendation, therefore, is: as soon as you notice a problem, act quickly and ensure that the delivery of the notification to the seller can later be reliably documented.

Do you suspect a hidden defect or need help with its claim? Do not hesitate to contact us—we are ready to help you determine what rights you have and how to effectively enforce them.

Mgr. Eliška Vítková, Junior Attorney

Mgr. Jana Sedláčková, Attorney at law, Partner

Pajerová Sedláčková ADVOKÁTKY s.r.o.

05.04.2025