Taking the seller to court

Rights under a warranty are conditional upon the buyer (employer) performing "actions of due care", meaning the timely notification of the seller (contractor) that a defect exists and - depending on the circumstances - timely submission of a demand for the removal of defects or a price reduction, or even withdrawal from the agreement. When building works are accepted or a building is sold, normally a protocol of delivery is drawn up in which all identified defects are described. If defects arise after delivery is taken, the purchaser is obliged to notify the seller (contractor) immediately. Notification is a pre-condition for the enforcement of claims under warranty, or provides the basis for a debtor's plea to be raised based on a warranty. If the buyer makes notification of a defect before the warranty period expires and the seller demands payment, then the buyer may argue that such demand is partially illegitimate and demand a price reduction. Such a debtor's pl