Defects, warranty and evidence
If a defect appears after the purchase, fast and provable action counts. This checklist helps you document defects, observe deadlines and secure evidence.
Statutory warranty also applies to property purchases: the property must correspond to what was agreed and ordinarily to be expected. If a defect appears, clean documentation and observing the deadlines are decisive. Those who wait too long or cannot prove the defect often lose their claims.
This checklist is a guide and does not replace an assessment of the individual case. It helps you proceed in a structured and provable way after discovering a defect.
Work through the points after discovering a defect. You can tick off each point; the status is stored on your device. Use the buttons to print or reset the list.
0 of 12 points done
01 Document the defect
The more precisely the defect is evidenced, the harder it is to dispute.
02 Check warranty and deadlines
The deadlines decide whether claims are still enforceable.
03 Secure evidence and correspondence
A provable notice protects your position.
What matters legally
Warranty is governed by §§ 922 et seq. of the Austrian Civil Code. At handover the property must have the agreed and ordinarily expected qualities. Available remedies are repair, replacement, price reduction or rescission (§ 932 Civil Code), graduated by the nature and weight of the defect.
For immovable property the warranty period is three years from handover (§ 933 Civil Code). In the first twelve months it is presumed that the defect already existed at handover. Obvious defects that were apparent at purchase are generally excluded (§ 928 Civil Code). Whether and which claims exist depends on the individual case.
This checklist is a general guide to the Austrian legal position (as of June 2026) and makes no claim to completeness or legal certainty. It does not replace advice in the individual case and is not a finished legal document.
BRANDAUER Rechtsanwälte
Salzburg law firm for real estate, property and corporate law
Every matter is handled by a coordinated team of lawyers, legal staff and specialists. In property purchase matters we look at the contract, land register, escrow and tax consequences together.
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