Hidden Defects Discovered Months After a B2B Purchase in Turkey: Can the Foreign Buyer Still Claim? – 2026 Updated Guide

Can a foreign buyer claim for hidden defects discovered months after a B2B purchase in Turkey? Learn about notice, limitation periods, warranties, evidence, refunds, and damages.

A foreign buyer may still have a legal claim when a hidden defect is discovered months after purchasing goods from a Turkish supplier. The passage of time does not automatically eliminate the buyer’s rights if the defect could not reasonably have been discovered during an ordinary inspection.

The buyer should notify the supplier promptly after discovering the defect, preserve the goods and evidence, review the contract and warranty, and determine whether Turkish domestic law, the CISG, or another legal framework applies.

The available remedies may include repair, replacement, price reduction, refund, contract termination, and compensation for related losses.

What Is a Hidden or Latent Defect?

A hidden defect is a problem that was not reasonably visible or discoverable through an ordinary inspection at delivery.

Examples may include:

• Internal mechanical failure;
• Insufficient durability;
• Incorrect material composition;
• Defective software or electronic components;
• Safety problems;
• Structural weakness;
• Failure under normal operating conditions;
• Manufacturing defects revealed through use;
• Non-compliance discovered through laboratory testing;
• A defect concealed by packaging or surface treatment.

A product may appear acceptable when delivered but fail after installation, operation, processing, or exposure to normal conditions.

The buyer should distinguish a hidden defect from damage caused by misuse, improper storage, unauthorized modification, or ordinary wear.

Do the Short Inspection Deadlines Apply?

Short inspection and notice rules often concern visible or discoverable defects. Where Turkish domestic commercial sales rules apply, a commonly applied framework may require visible defects to be reported within two days and defects discoverable through inspection to be identified and reported within an eight-day period.

Hidden defects are treated differently. The buyer should generally notify the seller promptly after discovering the problem.

These periods are not universal for every international B2B transaction. The contract, applicable law, the CISG, warranty provisions, and the nature of the goods may change the analysis.

The buyer should not assume that discovery after several months automatically means the claim is lost.

What If the CISG Applies?

The United Nations Convention on Contracts for the International Sale of Goods may apply to an international sale involving a Turkish supplier, depending on the countries involved and the parties’ contractual choices.

Under a CISG-style framework, the buyer generally must notify the seller of the non-conformity within a reasonable time after discovering or reasonably having discovered it. An outer time limit may also apply unless the parties agreed to a longer guarantee period.

The contract may exclude or modify the CISG. The buyer should identify the governing law before relying on a particular notice or limitation period.

Prompt Notice After Discovery

The buyer should notify the Turkish supplier immediately after confirming or reasonably suspecting the hidden defect.

The buyer should not wait for a final expert report if waiting could create a notice problem. An initial notice may describe the defect, identify the affected products, reserve the buyer’s rights, and state that further technical findings will follow.

The notice should include:

• Contract and purchase-order details;
• Delivery date;
• Product and batch or serial number;
• Date the defect was discovered;
• Description of the failure;
• Operating conditions;
• Initial inspection or test results;
• Requested remedy;
• Reservation of legal and contractual rights.

A vague statement such as “the product has a problem” may not sufficiently protect the buyer.

Warranty and Guarantee Periods

The buyer should review the manufacturer’s warranty, contractual guarantee, service agreement, and technical support terms.

A warranty may provide a longer period for repair or replacement. It may also define notice procedures, exclusions, inspection rights, and the supplier’s liability.

The buyer should not assume that a warranty automatically replaces statutory rights or eliminates the need for timely notice.

If the seller knew about the defect, concealed it, or acted fraudulently, the seller may face additional legal consequences and may have difficulty relying on certain defenses.

Can the Buyer Claim After Using the Goods?

Using the goods after discovering a defect may affect the buyer’s remedies, but use does not automatically defeat every claim.

The buyer may have needed to continue using the goods to avoid production shutdown, protect customers, or determine the nature of the defect.

The buyer should document why continued use was necessary and should clearly reserve its rights. Any repair, replacement, temporary solution, or modification should be recorded.

The buyer should avoid selling or substantially altering the goods before preserving evidence.

Available Remedies

Depending on the contract and applicable law, the foreign buyer may consider:

• Repair;
• Replacement;
• Price reduction;
• Refund;
• Rejection;
• Contract termination;
• Recovery of inspection expenses;
• Replacement-purchase costs;
• Transport and storage expenses;
• Production interruption losses;
• Customer-related losses;
• Other proven damages.

A refund or termination may be more appropriate where the defect is fundamental, affects safety, or cannot reasonably be repaired.

A price reduction may be suitable where the goods remain usable but have a lower value than promised.

Limitation Periods

The buyer should examine both notice deadlines and limitation periods. These are different issues.

A buyer may notify the supplier promptly after discovering a hidden defect but still need to commence proceedings within the applicable limitation period.

Under Turkish domestic rules, a two-year period from delivery may be relevant to certain claims concerning defective movable goods, subject to exceptions and contractual warranties. If the seller acted with serious fault or deliberately concealed the defect, the analysis may differ.

Where the CISG applies, an outer period may also be relevant. The exact calculation depends on the contract, delivery date, guarantee, applicable law, and legal basis of the claim.

The buyer should obtain advice immediately after discovery rather than waiting until the end of a potential limitation period.

Evidence Required for a Latent Defect Claim

The buyer should preserve the contract, technical specifications, approved samples, invoices, delivery records, inspection documents, warranty terms, photographs, videos, operating logs, maintenance records, and test results.

A technical expert may need to determine:

• Whether the defect existed at delivery;
• Whether it could have been discovered earlier;
• Whether the defect resulted from manufacturing;
• Whether storage or use contributed to the problem;
• The cost of repair or replacement;
• The reduction in product value;
• The financial loss caused by the defect.

The buyer should preserve failed components, packaging, samples, batch numbers, and the goods themselves whenever possible.

Digital evidence such as electronic invoices, cloud quality records, device logs, email metadata, and messages may be significant in 2026.

Supplier’s Possible Defenses

The Turkish supplier may argue that:

• The defect was visible at delivery;
• The buyer failed to inspect;
• Notice was late or insufficient;
• The defect arose after delivery;
• The goods were misused;
• Storage conditions were improper;
• The buyer modified the product;
• The defect was within agreed tolerances;
• The warranty expired;
• The buyer accepted the goods without reservation;
• The defect was caused during transportation.

The buyer should prepare technical and documentary evidence addressing these arguments.

Transport Damage and Third-Party Responsibility

The buyer should distinguish a latent manufacturing defect from damage caused by transport, installation, or third-party handling.

The delivery term may determine who bore transport risk, but it does not automatically resolve a manufacturing conformity dispute.

The buyer may need to notify the supplier, carrier, insurer, and installation contractor separately. Transport documents, packaging, delivery reservations, and insurance records should be preserved.

Interim Legal Protection

If the supplier denies the defect, attempts to dispose of evidence, or refuses to inspect the goods, the buyer may consider evidence-preservation measures or other interim judicial protection.

Where a monetary claim is at risk, a precautionary attachment may also be considered if the applicable requirements are satisfied.

The buyer should not destroy, return, repair, or dispose of the goods without documenting their condition and preserving evidence.

Cross-Border Proceedings

A foreign buyer should review the governing law, jurisdiction, arbitration, language, service, inspection, and enforcement provisions.

If the contract requires arbitration, the buyer should comply with the agreed procedure. If Turkish courts have jurisdiction, technical evidence and translated documents may be required.

A Turkish lawyer can assist with defect notices, expert inspections, settlement negotiations, refund claims, commercial litigation, arbitration, interim measures, and enforcement.

Lawyer Fırat Fesih Kaya assists foreign buyers with hidden-defect disputes, Turkish supply contracts, warranty claims, product inspections, refunds, damages, and cross-border proceedings.

2026 Practical Considerations

In 2026, latent defect disputes increasingly involve connected products, software-controlled equipment, cloud performance data, remote inspections, electronic quality certificates, and digital maintenance records.

Foreign buyers should negotiate clear warranty periods, latent-defect procedures, inspection rights, testing standards, batch traceability, repair and replacement obligations, product recalls, liability limits, and dispute-resolution clauses.

After discovering a hidden defect, the buyer should send a detailed preliminary notice immediately, preserve the product, obtain technical advice, and calculate the legal and commercial consequences.

Frequently Asked Questions (FAQ)

1. Can a foreign buyer claim for a defect discovered months after delivery in Turkey?
Potentially, if the defect was hidden and the buyer notified the supplier promptly after discovering it.

2. Do the two-day and eight-day rules apply to hidden defects?
Those commonly referenced periods concern visible or discoverable defects. Hidden defects should generally be reported promptly after discovery, subject to the applicable law and contract.

3. What if the CISG applies?
The buyer generally must inspect within a reasonable period and notify the seller within a reasonable time after discovering the defect, subject to possible outer limits.

4. Can the buyer claim under a warranty after several months?
Potentially, if the warranty remains valid and the buyer follows its notice, inspection, and service requirements.

5. Does using the goods destroy the buyer’s claim?
Not automatically. The buyer should explain why use continued and preserve evidence of the original defect.

6. Can the buyer request a refund?
Potentially, particularly where the defect is fundamental or the supplier cannot reasonably repair or replace the goods.

7. Can the buyer claim production losses?
Potentially, if the losses were caused by the defect and can be proven with reliable records.

8. What evidence is most important?
Technical reports, operating records, photographs, testing, maintenance documents, samples, delivery records, and supplier communications may be important.

9. How long does the buyer have to file a claim?
The applicable period depends on Turkish law, the CISG, the contract, warranties, and the type of claim. The buyer should obtain advice immediately.

10. What should the buyer do first after discovering the defect?
The buyer should preserve the goods, send a detailed notice, avoid unauthorized repairs or disposal, arrange technical testing, and consult a Turkish lawyer.

This article is provided for general informational purposes only and does not constitute legal advice. We recommend consulting a lawyer about your specific circumstances to avoid any loss of rights.

Expert Legal Support for Hidden-Defect Claims

Expert legal support is essential to avoid losing valuable rights. By working with a lawyer experienced in Turkish sales law, international B2B contracts, the CISG, latent defects, warranty disputes, technical inspections, refunds, damages, and arbitration, foreign buyers can protect their commercial interests. Fırat Fesih Kaya Law Office provides professional legal support for defective-goods disputes in Turkey and abroad.

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