Seller’s liability for defects is a guarantee, based on which a buyer can invoke certain rights and claims. The general rules of the sales contract are governed by the OZ which sets out the seller’s liability for material and legal defects. In case of real estate, a special category of defects exists, namely defects in the solidity of the structure.
The protection of buyers was expanded with the adoption of the ZVKSES, which gives consumers that buy new apartments and single occupancy buildings special rights and guarantees. Both the OZ and the ZVKSES give a buyer who is faced with a contract breach in the form of performance with a defect, 4 fundamental entitlements: (i) the demand to rectify the defect (ii) to rectify the defect at the expense of the seller (iii) the demand to reduce the purchase price and (iv) to withdraw from the contract. Regardless of which one of the listed demands the buyer decides on, he can also claim compensation for damages occurred in relation to the contract and damages occurred on other parts of his assets. For the successful realization of his rights, the buyer must meet certain presumptions, which are primarily connected to deadlines and the manner of implementation of claims. The relevant deadlines are the guarantee and notification deadline and the deadline for invoking the claim. The most important thing is that the deadlines are preclusive which means no statute bearing or discontinuance can occur. When the deadline expires the buyer loses his rights. On the other hand, the seller has the possibility to relieve himself of his liability if he did not act in bad faith.
In the thesis I presented the seller’s liability for defects in second hand and new apartments, through the analyses of legislation, legal practice and legal theory. I described some interesting facts and difficulties which can occur in practice and also mentioned real estate brokerage along with the liability of the broker in relation to the buyer.
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