When hidden defects emerge after a home purchase, responsibility depends on the facts. Four questions matter: what exactly is wrong, when the defect or its cause arose, what the parties knew and what remedy is justified by the extent of the problem. Damp beneath fresh paint, freezing pipework, defective rainwater drainage and a partition that differs from the recorded layout can raise quite different legal issues.
What a Supreme Court of Lithuania case shows
A useful starting point is the Supreme Court of Lithuania's ruling of 14 December 2022 in civil case e3K-3-282-943/2022. Lietuvos Aukščiausiasis Teismas, known as LAT, considered insulation and pipework problems discovered after the purchase of a refurbished apartment. It drew a distinction between hidden defects and matters the buyer knew about or that a careful buyer would have noticed without specialist investigation. Buying in an old building does not, by itself, mean accepting every hidden defect.
The same ruling explains that a seller must disclose information in their possession that could influence the decision to enter into the agreement, even if the buyer did not specifically ask for it. Choosing a remedy involves considering when and why the defect arose, whether the home can be used, and whether repairs are possible within a reasonable time and at a proportionate cost. These factors provide a framework for assessment, not a promise that a similar claim will succeed.
Where ordinary wear ends and an undisclosed defect begins
In the current Lithuanian Civil Code, Article 6.333 relates quality to the contract and the characteristics a buyer could reasonably expect. Article 6.327 addresses discrepancies that were known or apparent to the buyer. For property, Article 6.399 refers to the remedies in Article 6.334, except that a buyer cannot demand replacement with an identical home. A statement such as “I inspected the condition and have no complaints” is evidence about the inspection. It does not provide general permission to conceal a known problem beneath the finishes.
A damp mark behind a wardrobe, an obviously sloping floor or a documented easement — a right affecting use of the property, such as access — may be something a careful buyer should assess. A recurring leak covered by redecorating, an inadequately insulated pipe inside a structure, or recorded but undisclosed flooding raises different questions. Before buying, connect the inspection with a review of what you are acquiring legally and physically with the apartment. After handover, use our heating, damp and ventilation checklist to notice early seasonal warning signs.
A practical sequence for both parties
- Stop further damage. Turn off the water, protect belongings and contact the building manager or emergency repair service as appropriate. Taking protective action does not itself admit anyone's liability.
- Record the condition before changing it. Photograph the wider area and details. Keep measurements, messages, invoices, removed parts and specialists' observations.
- Notify the other party in writing. Describe the issue, discovery date, requested inspection and temporary measures. Give the seller a real opportunity to examine the problem.
- Separate diagnosis from the repair quotation. A specialist should identify the likely cause and how long it has existed, as well as propose the necessary work.
- Choose a proportionate remedy. A minor, repairable fault does not automatically justify undoing the sale. Equally, a serious defect that restricts use of the home should not be dismissed as cosmetic.
Which evidence answers the important questions?
| Question | Most useful evidence | Common weakness |
|---|---|---|
| Does the defect exist? | Photographs showing context, moisture or pressure readings, a building manager's report | Only a close-up of an unclear stain |
| When and why did it arise? | An independent specialist's findings, earlier incidents, the condition of the structure | A repair quotation without any analysis of the cause |
| What was disclosed? | The agreement, handover record, emails, a copy of the listing, viewing questions and answers | A verbal conversation the parties later remember differently |
| What would a proportionate remedy cost? | Several quotations, necessary invoices, options for local repairs and wider work | Claiming the cost of refurbishing the whole home because of one defect |
Damp, drainage and unregistered alterations
With damp, identify the source. Apartment pipework, a communal roof, the façade, a neighbour's leak, condensation and the way the home is used may involve different responsible parties. A drainage or wastewater problem requires examination of the pipe route, gradients, blockages and previous call-out records. A visible stain alone does not establish that the seller caused or knew about it.
If the actual layout differs from the cadastral file — the official record of the property's measurements and plan — first establish what work was done and which completion documents are required. Registrų centras, Lithuania's Centre of Registers, explains that changing cadastral data may require an updated file and, depending on the work, a construction completion document. Moving a non-load-bearing partition does not automatically constitute unauthorised construction in every case, but concealing a discrepancy in the records creates risk. Sellers should clarify it while preparing the sale documents, before handing the issue to the next owner.
Notification, expert assessment and deadlines
A written complaint can start with a clear account rather than an ultimatum. Identify the property, signs of the problem, discovery date, supporting attachments, emergency action taken and a proposed deadline for a joint inspection. The Supreme Court has emphasised the importance of notifying a seller before repairs in a case about a used car. That decision illustrates why notification matters: starting work first may prevent the seller from assessing the fault or arranging a less expensive remedy. In an emergency, take action to limit damage and preserve evidence wherever possible.
In the general situation where no other warranty period applies, Article 6.338 addresses defects discovered within a reasonable time and a two-year limit from handover. Court limitation periods, construction warranties and contractual deadlines are separate matters and should not be treated as interchangeable. In a 2024 case concerning a house, the Supreme Court again showed that whom a claim is made against, and when, can be decisive. Waiting until the following winter is therefore a risky approach.
How sellers can reduce dispute risks before the notarial sale
Prepare a disclosure list covering previous flooding, insurance claims, recurring odours, drain cleaning, pipework or electrical work and differences between the actual and recorded layout. Include invoices, warranties and information from the building manager. Identify specific defects seen by the buyer in the agreement or handover record. Before simply covering a visible symptom, consider which repairs are worth doing before selling. This preparation is part of a well-managed sale without an estate agent and gives both parties more useful protection than a broad “sold as seen” statement.
A disagreement about condition before the final agreement is distinct from a case where the seller changes their mind after the preliminary agreement. The underlying issue here is the quality of what is being transferred. A seller receiving a complaint should respond: inspect the problem, request original files, check insurance and previous contractors, and then offer repairs, a price adjustment or a reasoned rejection of the claim.
Frequently asked questions
Is a seller always responsible for defects found after the sale?
No. The assessment considers whether the defect existed at handover or arose from an earlier cause, what the seller knew and disclosed, what the buyer knew or could have noticed without specialist investigation, and the contract terms and evidence.
Does a clause saying the buyer inspected the property remove seller liability?
Not automatically. It matters when assessing visible and disclosed defects, but does not by itself make an undisclosed hidden defect known to the buyer. The particular defect, how noticeable it was and what information the parties exchanged are decisive.
What should a buyer do first after finding damp or a leak?
Limit further damage, record the location, date and extent, notify the seller in writing and allow an inspection. Obtain a specialist’s findings before opening up structures where possible, except for urgent work needed to stop an emergency.
Who must prove that the defect existed before handover?
Generally, the buyer needs to establish the defect and its connection to a condition or cause predating handover. The allocation of the burden of proof may differ where an express quality guarantee applies. It must be assessed against the agreement and circumstances.
Can I immediately order repairs and send the bill to the seller?
Emergency work to stop damage may be necessary. However, carrying out all repairs without notifying the seller can destroy important evidence and the opportunity to agree a less costly remedy. Record the condition, notify the seller, allow an inspection and then discuss proportionate repairs.
What remedy can a buyer seek for a hidden defect?
Depending on the defect, the buyer may seek a price reduction, repairs or reimbursement of reasonable repair costs. Terminating the sale requires a fundamental breach and is an exceptional remedy in property disputes.
Is an unregistered change to an apartment layout a hidden defect?
It may be a significant discrepancy between the physical property and its records, but the legal assessment depends on the work, its lawfulness, the documents supplied and the agreement. First compare the layout with the cadastral file and identify any missing procedures.
How long can I wait before reporting a defect?
Report a discovered discrepancy within a reasonable time. Article 6.338 sets a general rule for defects identified within a reasonable period, with a two-year limit from handover where no other warranty or contractual period applies. Other deadlines depend on warranties and the type of claim, so do not confuse this with a universal deadline for court proceedings.