A defect found after handover may qualify as a latent defect if its cause predated delivery and it was not reasonably discoverable through ordinary inspection. Articles 494 to 497 of Federal Decree-Law No. 25 of 2025 address the definition, remedies and exclusions when that law applies. Disclosure, acceptance, the circumstances of inspection and any exclusion clause can affect the analysis.
Track delivery, discovery and notice
Article 510 provides for a one-year period from the day following delivery, subject to a longer undertaking by the seller and the fraud exception specified in the provision. Separate that period from the inspection and notice duties and any special guarantee. The new Civil Transactions Law took effect on 1 June 2026. Review the transitional rules, the date of the relevant events and any applicable real estate or construction regime.
Collect proof before repairs change the condition
Keep the sale contract, specifications, handover record, photographs and notices. Ask an expert to identify the source, timing and effect of the defect and distinguish necessary repairs from upgrades. Consider whether the evidence supports return of the property or a proportional price reduction under the applicable rules. The liability of the seller, developer and contractor should be assessed separately.
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