---
slug: prazo-decadencia-garantia
lang: en
titulo: 30-day deadline to report defects to the alienator to avoid time-bar
resposta: The acquirer must report the defect to the alienator within 30 days of discovery or lose the right to claim, even with a warranty clause.
curto: 30 days to report defect
tema: Governance
revisada: 2026-10-02
proxima: 2027-04-02
---

## Data
| Who | Deadline | Consequence | Source | Data date |
|---|---|---|---|---|
| Acquirer | 30 days after discovery of the defect | Time-bar of the right to claim | Lei n.º 10.406/2002 (Civil Code), art. 445, § 1.º | 10/01/2002 |

Data consulted on 02/10/2026.

## Basis
- [Lei n.º 10.406/2002 (Civil Code, Planalto, in Portuguese)](https://www.planalto.gov.br/ccivil_03/leis/2002/l10406.htm): art. 445, § 1.º, establishes that, in the presence of a warranty clause, the acquirer must report the defect to the alienator within 30 days after its discovery, or face time-bar.

## How it applies
The 30-day deadline runs from the moment the acquirer discovers the defect, regardless of the existence of a warranty clause. The report must be made to the alienator (seller) to avoid losing the right to claim.

## Limits
- The deadline does not apply to hidden defects of an intrinsic nature, which can only be discovered after a long period: in these cases, the maximum deadline is 180 days for movable goods and 1 year for real estate (art. 445, § 1.º, combined with § 2.º of the same article).
- For animals, deadlines are defined by special law or local customs (art. 445, § 2.º).
- This card covers only the time-bar deadline provided for in the Civil Code; contractual clauses or warranties extended by sectoral law (e.g., CDC) are not covered.
- Amendments to the Civil Code must be verified directly on the official source (Planalto).
---