Purchase of a product: legal guarantee of hidden defects

It is a defect on a good or a product that does not reveal itself at first impression. This defect makes it unsuitable for the purpose for which the good or product is intended or reduces this use so much that you would not have bought it or would have bought it at a lower price if you had known about it.

When you buy a good or product, the seller professional must also grant you the legal guarantee of conformity.

On the other hand, the seller particular is only bound by the only legal guarantee of hidden defects.

The seller professional may also grant you, free of charge or with payment of a sum, a commercial or contractual guarantee.

The general terms and conditions of sale (GTC) must include a information on the legal guarantee of latent defects, sa implementation and sound content. These are given to you before the signing of a contract for the sale of goods.

For a digital product or service, the seller also has the obligation to insert in the GTC, and more particularly in a framed, the following:

• Information on the price or any other advantage obtained in lieu of or in addition to the payment of a price (particular commitment in case of malfunction of the purchased digital good or service: temporary provision of a 4G key for example)
• Identity of the professional responsible for the guarantee of hidden defects on goods, digital content and digital services, the legal guarantee of conformity, the commercial guarantee and after-sales service (name, address, telephone number, email address)
• Information on the expected life of the product and how long the updates will be provided to the consumer.

In order to implement the legal guarantee of hidden defects, the 3 conditions following must be united 

• The defect must be a hidden defect, i.e. not apparent at the time of purchase
• The defect must return the good unusable or very strongly reduce its use
• The defect must exist at the time of purchase.

You have 2 years from discovery of defect to implement the legal guarantee of hidden defects. And this, within the limit of 20 years after purchase (i.e. from the day of sale).

It's to you of prove the existence of the hidden defect. To do this, you can produce the various certificates or repair quotes.

You can ask a professional for advice on a technical matter (we talk of amicable expertise). To find an expert near your home, you can consult the list of accredited experts from the courts.

In any case, you must send the seller a mail by registered letter with acknowledgement of receipt. You must indicate the type of refund and the compensation you want.

You can help yourself with a template:

Request the application of the legal warranty of hidden defects for a new and defective purchased good

Your mail must be accompanied, in particular, by supporting documents next: delivery note, receipt...

If you want a full refund, you can also return the property directly to the seller against delivery of a deposit ticket.

The legal guarantee of hidden defects protects you when the purchased good has a hidden defect that makes it unusable or greatly reduces its use.

This warranty applies to new or used goodspurchased from a professional or private individual.

• For a second-hand property purchased from an individual:
  For example, you buy a used sofa on 1^er January 2024 and discover in March 2025 that the structure has a defect making the seat dangerous. You can then act within a period of 2 years from discovery of vice. You can either return the sofa and request a full refund, or keep it and request a price reduction.
• For a new property purchased from a professional:
  You buy a new washing machine on 1^er April 2024. In January 2025, you notice that the drum is defective and makes the device unusable after a few cycles. You can request a refund or reduction of the price, and possibly compensation if the seller knew of the defect.

In any case, the defect must have existed at the time of sale, and it is up to you to prove it (via quote, attestations or expertise). Action must be taken in the 2 years after the discovery of vice, without being able to exceed 20 years after the sale.