Formal notice for a hidden defect (France)
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This document is in French
The PDF you download is in French — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.
For a buyer in France of a new or second-hand item, from a business or a private seller, who discovers after the sale a serious defect that was not visible: a used car, an appliance, furniture. You rely on the guarantee against hidden defects (Article 1641 onwards of the French Civil Code) and choose between a refund against return of the item and a price reduction. Court action must be brought within two years of discovering the defect. In French, to send by registered post with proof of receipt.
- Made for use in France
- Last updated October 13, 2026
When to use this document
- The used car you bought in France has a serious defect that was hidden at the time of sale.
- A private seller sold you an item with a serious fault you could not have seen.
- Soon after the purchase, your appliance or furniture shows a hidden defect that makes it unusable.
- You want to ask the seller in writing for a refund or a price reduction for a hidden defect.
What you fill in
The details the document asks for.
- Buyer
- Buyer's address
- Seller
- Seller's postal address
- City
- Date
- Description of the item
- Date of purchase
- Price
- Date discovered
- Defect
- Refund of the price or price reduction
- Deadline for a response
Preview
This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.
Common questions
- Hidden defect or legal guarantee of conformity: which one applies in France?
- If you are a consumer and the seller is a business, the legal guarantee of conformity is often simpler: for 24 months for new goods, or 12 months for second-hand goods, the defect is presumed to have existed at delivery. The hidden-defect guarantee applies as well, and it is the only one between private individuals, for example for a car bought from a private seller. It requires a serious, hidden defect that existed before the sale, which you must prove.
- How is a hidden defect in a used car proved in France?
- Have the defect assessed by a mechanic or a motor expert, who states whether it existed before the sale and whether it could be noticed. The letter proposes an amicable, joint inspection: both sides are invited, which gives it more weight. Keep the roadworthiness test, invoices and sale adverts. If the seller refuses, a court-appointed expert can be requested from the judge. Court action must be brought within two years of discovering the defect; this letter, even by registered post, does not stop that period, which only a court claim, including an urgent application (référé), interrupts (Article 2241 of the French Civil Code).
- Can a private seller in France exclude the hidden-defect guarantee?
- A clause such as 'sold as seen' or one excluding the guarantee can protect a private seller who did not know about the defect. It does not protect a seller who knew of the defect and concealed it; that seller also owes damages (Article 1645 of the French Civil Code). A business seller is presumed to know the defects of what it sells. In every case the defect must have been hidden: what you could see yourself when buying is not covered (Article 1642).
How you can sign this document
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