If you discover a hidden defect after buying a flat or house in Montenegro, you must notify the seller within 8 days of discovering it. The seller is not liable for hidden defects that appear more than 6 months after handover, unless the contract sets a longer period or the seller knew of the defect. With proper notice you can ask for the defect to be remedied, for a price reduction or to terminate the contract, together with damages, and these rights lapse one year after the notice.
The rules come from the Law on Obligations. This guide explains the difference between visible and hidden defects, the deadlines, the exceptions when the seller knew about a defect, the sold-as-seen clause, the buyer's rights and the special rules for new builds and legal defects.
What is a hidden defect and what is a visible one?
The seller is liable for material defects that the property had at the moment the risk passed to the buyer, even if the seller did not know about them, and for defects that appear later but result from a cause that already existed. An insignificant defect is not taken into account.
| Type | What it is | Example |
| Visible defect | One that a careful buyer would easily notice on an ordinary inspection | A cracked tile, broken joinery |
| Hidden defect | One that could not be found on an ordinary inspection at handover | Damp behind cladding, faulty installations inside a wall |
A material defect exists, among other things, when the property lacks the qualities needed for ordinary use, lacks qualities that were expressly or tacitly agreed, or lacks qualities the buyer could reasonably expect, especially in view of the seller's public statements, for example in a listing.
What are the deadlines for reporting a defect?
| Situation | Deadline |
| Visible defects | Inspect the property as soon as possible and notify the seller within 8 days |
| Inspection with both parties present | Raise objections to visible defects immediately |
| Hidden defects | Notify the seller within 8 days of discovery |
| Outer limit for hidden defects | The seller is not liable for defects that appear more than 6 months after handover, unless a longer period was agreed |
| Enforcing the rights in court | The rights lapse one year after the notice was sent |
| Consumer contracts | A consumer buyer does not have to inspect, but must report a visible defect as soon as they learn of it and no later than 6 months after discovering it |
If a defect was fixed by repair or replacement, the deadlines run again from the handover of what was repaired.
When is the seller liable even after the deadlines?
The buyer does not lose their rights, even if they were late with the inspection or the notice or the defect appeared more than 6 months after handover, if the seller knew about the defect or could not have been unaware of it, or if the seller acknowledged it. The seller is also liable for defects the buyer could easily have noticed if the seller stated that the property had no defects or had certain qualities.
The seller's deadlines and the concealment exception are described in more detail by the law firm RoNa Legal.
Is a "sold as seen" clause valid?
The parties can limit or fully exclude the seller's liability for material defects. Such a clause is void if the seller knew about the defect and did not tell the buyer. A buyer who waived the right to terminate keeps the other rights arising from the defect, for example the right to a price reduction.
What can the buyer claim from the seller?
- Remedying the defect at the seller's expense;
- a price reduction, in proportion to the value of the property without the defect and with the defect at the time the contract was concluded;
- termination of the contract, but only after giving the seller an additional reasonable deadline, unless the seller said they would not perform;
- damages in each of these cases.
If you later discover a new defect, you can ask for a further reduction or terminate.
How do you notify the seller?
In the notice, describe the defect in detail and invite the seller to inspect the property. Send it by registered letter or another reliable method: if you sent it on time and it arrives late or not at all, you are treated as having met the obligation. It helps to attach photographs and an expert's report. Quotes from tradespeople for repairing the defect, which help you estimate the cost of the repair, can also be collected through the Glatko platform.
What applies to new builds?
For a flat bought from a developer, in addition to the seller's liability there is the builder's liability for structural soundness for ten years from handover and acceptance of the works. These rights pass to buyers of the flats and cannot be excluded by contract. How those deadlines run is explained in our article on construction contracts.
Legal defects: mortgages, easements and third-party rights
The seller is also liable if a third party holds a right over the property, for example a mortgage or an easement, that the buyer was not told about and did not agree to take on. The buyer must notify the seller and invite them to free the property from that right within a reasonable time. If the seller does not, the buyer, depending on the case, terminates the contract or asks for a price reduction, together with damages. This right lapses one year after learning of the third party's right. Encumbrances are easiest to see in the cadastre extract; how to read it is explained in our article on the cadastre extract.
In a forced public sale, the owner whose property was sold is not liable for defects, as explained in our article on property auctions.
Checklist before and after buying
| When | What to do |
| Before signing | A detailed inspection, ideally with an expert, and a check of the cadastre extract |
| In the contract | A written statement from the seller about known defects and, if needed, a longer liability period |
| At handover | A condition report with photographs |
| When you discover a defect | Notice within 8 days, by registered letter |
| Within one year | A court claim, if the seller does not act |
Other checks before buying are listed in our article on whether it is safe to buy property. You can find or list flats and houses in our real estate category.
Frequently asked questions
What is the deadline for hidden defects in a flat in Montenegro? You notify the seller within 8 days of discovery, and the seller is liable for hidden defects that appear within 6 months of handover, unless a longer period was agreed.
What if the seller knew about the defect and kept quiet? Then you do not lose your rights even if you were late or the defect appeared after 6 months, and a clause excluding liability is void.
Is a sold-as-seen clause valid? Yes, except for defects the seller knew about and did not disclose to the buyer.
What can I claim from the seller because of a defect? Remedying the defect, a price reduction or termination after an additional deadline, and in every case damages.
How long is the builder liable for a new build? For defects in structural soundness, ten years from handover and acceptance of the works, and these rights pass to buyers of the flats.
Is the seller liable for defects in a public sale? No. In a forced public sale, the owner whose property was sold is not liable for defects.
Sources
The seller's liability is governed by the Law on Obligations (Official Gazette of Montenegro 47/2008, 22/2017, 123/2024, 94/2026 and 117/2026, articles 486 to 508 on material defects, 516 to 524 on legal defects and 711 and 712 on structural soundness; the 2024 and 2026 amendments do not change these articles). The legislation was checked on 24 September 2026. Fijaka is a classifieds platform and does not provide legal advice; for a specific defect, consult a lawyer.