Sale Contract Disputes in Kuwait: Practical Legal Solutions
Facing a sale contract dispute in Kuwait? Understand your rights under sale contracts and how to address breaches, hidden defects and delivery issues.
Contracts, Civil & Commercial · By Fahad Alhaddad Law Firm · Published 2026-09-28 · Updated 2026-09-28
A sale contract is the most common type of contract and, at its core, involves exchanging a benefit for a price. The Kuwaiti Civil Code (Decree-Law No. 67 of 1980) regulates the obligations of sellers and buyers in detail and sets out how disputes arising from these contracts are addressed.
The Seller’s Main Obligations
The seller must transfer ownership of the item sold and deliver it to the buyer in the agreed condition. Any shortage or damage to the item before delivery is the seller’s responsibility.
The seller also warrants that the item sold is free from hidden defects that reduce its value or usefulness, and provides a warranty against interference with the buyer’s rights by the seller personally or by third parties asserting a legal basis.
The Buyer’s Obligations
The buyer must pay the agreed price at the specified place and time. Late payment allows the seller to seek rescission of the contract or compensation for the delay.
The buyer must also take delivery of the item sold at the specified time. If the buyer refuses to do so, the buyer bears the risk of its loss or damage.
Warranty Against Hidden Defects
If the buyer discovers a hidden defect after taking delivery, the buyer must notify the seller immediately through formal legal notice. Delayed notification may result in the loss of the buyer’s warranty rights.
The buyer may seek rescission of the sale and a refund of the price, or a reduction in the price, depending on the seriousness of the defect.
How to Handle Sale Disputes
If a dispute arises, start by gathering all evidence of the sale, including invoices, the contract and correspondence. Amicable communication may resolve the issue, but if it fails, legal proceedings must be brought to enforce your rights.
The court will examine the contract terms, the nature of the item sold and the extent to which each party has fulfilled its contractual commitments.
Legal Advice on Sale Contracts
At Fahad Al-Haddad Law Firm, we have extensive experience handling sale contract disputes. Whether you are a buyer who has suffered harm or a seller facing unjustified claims, we guarantee strong legal representation.
Contact us to protect your interests and ensure that the other party fulfils its obligations.
Frequently asked questions
What if the item sold does not match the agreed specifications?
This constitutes a breach of contract, and the buyer may seek specific performance or rescission and compensation.
How can I prove a hidden defect?
The court often appoints a specialist expert to inspect the item sold and prepare a report on the defect and whether it existed at the time of sale.
Related guides
This article is general information, not legal advice, and does not replace consultation with a lawyer licensed in Kuwait. The official Arabic legal texts prevail over any English explanation.