Most people assume that once two years have passed, there’s no recourse left. That’s wrong. In France, one powerful and little-known protection remains: the hidden defects warranty (garantie des vices cachés), set out in article 1641 of the Civil Code. It applies to every purchase — including second-hand goods and sales between private individuals.
What counts as a hidden defect?
Three conditions must all be met. The defect must be:
- Hidden — not visible at the time of purchase, even to a careful buyer;
- Pre-existing — it was already present, at least in embryo, when you bought the item;
- Serious — it makes the item unfit for its intended use or significantly reduces its value, to the point that you wouldn’t have bought it (or would have paid less) had you known.
A faulty motherboard that gives out after three years, an engine built with a latent design flaw, internal corrosion that was there from the start: all potential cases of a hidden defect.
A much longer window to act
This is the big advantage of this remedy: you have 2 years from the discovery of the defect to take action — not from the date of purchase. Since a defect can surface years after the sale, in practice this protection extends well beyond the legal guarantee of conformity.
What you can get
If the hidden defect is established, you can choose between two options:
- return the item and get a full refund (the “rédhibitoire” action);
- keep the item and obtain a price reduction (the “estimatoire” action).
And if the seller knew about the defect, you can also claim damages on top.
The hard part: proving it
Unlike the legal guarantee of conformity, here the burden of proof is on you: you must show that the defect was hidden, pre-existing and serious. This usually requires an expert assessment (amicable or court-ordered). Which is why it’s essential to keep:
- the proof of purchase and its date;
- the listing or description of the item (especially for second-hand purchases);
- your exchanges with the seller;
- any technical evidence (fault report, repair quote, photos).
Hidden defects or legal guarantee: which one to invoke?
| Legal guarantee of conformity | Hidden defects warranty | |
|---|---|---|
| Legal basis | French Consumer Code | French Civil Code (art. 1641) |
| Purchases covered | From a professional seller only | Any purchase, including between individuals |
| Time limit to act | 2 years after purchase | 2 years after discovering the defect |
| Burden of proof | On the seller (24 months) | On the buyer |
| Best for | Recent breakdown (< 2 years) | Serious defect discovered later |
In short: within the first two years, rely on the legal guarantee of conformity (it’s simpler). Beyond that, or for sales between private individuals, the hidden defects warranty takes over.
Why keeping records changes everything
This remedy rests entirely on your ability to date the purchase and document the item. With Keept, every item keeps its invoice, its listing, its date and its history in one place. The day a serious defect surfaces, you immediately have the file you need to assert your rights — even years after the purchase.