Legal concept, in civil law, to identify and measure the seriousness of a latent defect, as well as to denounce it to the seller. The buyer who ascertains that the property is defective shall give notice in writing of the defect to the seller within a reasonable time after discovering it. Where the defect appears gradually, the time begins to run on the day that the buyer could suspect the seriousness and extent of the defect.This period begins to run, when the defect appears gradually, from the day on which the buyer may have suspected its seriousness and extent. In general, a period of 6 months will be considered reasonable to report the existence of the defect to the persons who may be responsible for it (e.g., the seller, the contractor, the architect and the engineer). It can be exceptionally longer, if, for example, the latent defect manifests itself seasonally.
WHAT YOU SHOULD KNOW ! The seller may not invoke the tardiness of a notice from the buyer if he was aware of the defect or could not have been unaware of it. This is the case, in particular, for the professional seller.