- If the home has defects that make it unfit for use or reduce its value, you can ask for a price reduction or termination of the contract (artt. 1490 and 1492 c.c.).
- Defects must be reported to the seller within 8 days of discovery; the action is time-barred one year after delivery (art. 1495 c.c.).
- The report is not needed if the seller acknowledged the defect or concealed it.
Frequent case · A problem that often arises
Frequent case described in general terms: names, places and details do not refer to real persons or files.
The case
In Rome a buyer buys an apartment from a private seller. After three months, with the first rains, mould and seepage appear from the outer wall. The seller had said the property was “in good order”. The buyer asks whether they can still claim anything and what they must do so as not to lose the right.
What the law says
The seller is liable for defects of the thing sold that make it unfit for use or appreciably reduce its value. The buyer can request termination of the contract or a price reduction (art. 1492 c.c.). To avoid losing the right, defects must be reported within eight days of discovery, unless a different period applies; the action is time-barred one year after delivery (art. 1495 c.c.). The report is not necessary if the seller acknowledged the existence of the defect or concealed it. For serious construction defects, as against the builder, a different regime exists (art. 1669 c.c.).
The best solution for you
- As soon as you discover the defect: send a written report, by certified email or registered letter, and document it with photos and a technical survey. It is the step that matters most, because the deadlines are short.
- If the defect can be repaired: a price reduction, that is, being reimbursed for the cost of the works, usually makes more sense than dissolving the sale.
- If the defect makes the home unusable: termination is considered, which requires stronger evidence.
What to do right away: write down the date on which you discovered the defect, arrange a technical inspection, keep the deed of sale and the advertisements. No route guarantees an outcome.
How Avv. Fiorentino can assist you
- He checks the deadlines and prepares the report to the seller.
- He tells you how to have the defect documented by a surveyor.
- He assesses with you whether it is better to negotiate or to sue.
Frequently asked questions
Do the 8 days start from the purchase?
No, from the discovery of the defect. The one-year period for bringing the action starts instead from delivery.
And if I bought “as is”?
Clauses limiting the warranty are not valid if the seller knew of the defect and kept silent. The deed must be read.
Can I be reimbursed for the works?
Usually through the price reduction, if you prove the defect and the cost.
The Firm sees clients in Naples (Piazza Giovanni Bovio 22 and Via Monte di Dio 14), in Rome (Via Giorgio Ribotta 21) and in Bari (Corso Giuseppe Mazzini 61), by appointment, and remotely.
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Read also
Damage to your home from the neighbour’s works: cracks, vibrations and dust
Notary’s error: when they are liable for damages for a null deed or a property with mortgages
Sources: Civil Code, artt. 1490, 1492, 1495 and 1669, Normattiva. Author: Avv. Renato Giuseppe Fiorentino, Naples Bar. Informational text, it does not replace an opinion on your case. This text was prepared with the help of artificial intelligence tools.
Main page for this subject: Home, property and condominium: all the guides and how to contact the Firm →
(Read also): Legal guides from Studio Legale Fiorentino · Rent to buy: how to buy a home even if you can’t get the mortgage right away · Buying a home in Campania: the legal checks before the preliminary contract
Translated from the Italian original; updated on October 18, 2026.
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