Sources reviewed
When did the leak begin?
A defect that reduces value or intended use can qualify even if the seller knew nothing about it. Trace a later leak to a cause present at delivery. The buyer may seek rescission or retain the property and claim a proportionate price difference. The seller may offer a comparable sound replacement. Additional loss requires its own basis. [1]
What should the engineer establish?
Ask the engineer to trace the water path, date the deterioration and explain the effect on use. Photograph each layer as the wall is opened. A seller might point to visible staining or a pipe altered after purchase. Compare inspection photographs with maintenance records. For a price adjustment obtain sound and defective valuations alongside the repair estimate. [1] If the court appoints an expert, ask it to define the technical question in the order. The expert can trace the leak to its origin and date and assess its impact on value at sale for the price-difference claim. [3]
Notice and the filing clock
Notify the seller as soon as a latent defect appears and retain proof of receipt. Record delivery separately from discovery. The ordinary claim bar runs 180 days from delivery unless the seller undertook a longer warranty. A seller proven to have fraudulently concealed the defect cannot rely on that period. Check filing timing while negotiations continue. [1]
Temporal scope · 2026-10-30
The Law took effect 180 days after official publication. It generally reaches earlier events, except where a party invokes a conflicting pre-existing statutory rule or judicial principle applicable to the event, or a claim-barring period had already started. Separate registration and jurisdiction requirements still apply. [2]
Sources
- نظام المعاملات المدنية | Civil Transactions Law 338–340, 344
- مرسوم الإصدار ونفاذ النظام · Enacting decree and commencement Royal Decree M/191, clauses IV–V; Civil Transactions Law, art. 721
- نظام الإثبات | Evidence Law 110–111
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