The Constitutional Court of the Russian Federation (CCRF) issued an important ruling in favor of buyers of real estate and other goods.

The dispute arose when the buyer discovered defects in the property within two years of purchase, but filed a claim against the seller after this period had expired. Lower courts dismissed the claim, finding the two-year period prohibitive for discovering defects.

However, the CCRF clarified that this period does not replace the statute of limitations. If the defect was discovered within two years (or the warranty period), a claim for a refund may be filed later, within the general statute of limitations.

The main thing is to record the discovery of the defect and notify the seller. If notification is sent later, the burden of proof of timely discovery falls on the buyer.

Conclusion:

When hidden defects are discovered, it is critical to record the date of their discovery (for example, in an inspection report or expert opinion) and promptly notify the counterparty. Failure to comply with the two-year deadline for filing a claim does not cancel the right to judicial protection if the defect itself became apparent in time.