Verborgen gebrek

In Dutch law, and in particular in the Civil Code, a hidden defect constitutes a defect in a movable or immovable property that was not perceptible at the time of delivery and that materially affects the value or utility of the property. Consequently, the purchaser may, subject to certain conditions, claim repair, replacement, a reduction in price or rescission of the contract.

This concept is relevant to contracts of sale as it may render the seller liable for defects of which the buyer could not reasonably have been aware, even in the absence of an express warranty. With regard to immovable property, reference is frequently made to the general terms and conditions or the deed of sale.

In practice, the buyer must notify the defect within a reasonable time after its discovery in order to preserve his rights, with the burden of proof and the issue of whether the defect already existed at the time of delivery being of central importance.