Statutory Warranty
The seller's no-fault liability for the property having the stipulated or ordinarily expected characteristics at the time of handover.
Under Sec. 922 et seq. ABGB the seller is liable for the property being free of defects at handover. The buyer may primarily demand repair or replacement, and secondarily a price reduction or rescission. For immovable property the warranty period is three years from handover.
In contracts for used properties the warranty is frequently limited; a full exclusion, however, covers neither fraudulently concealed defects nor expressly warranted characteristics. The decisive moment is the transfer of possession.
Legal basis
Statutory texts for orientation; the version in force at the relevant time prevails.
This explanation gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your property purchase are always decisive.
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Warranted Characteristics
Characteristics the seller expressly or implicitly assures; their absence triggers warranty even where warranty is otherwise excluded.
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Transfer of Possession (Benefits and Burdens)
The agreed point in time from which the buyer obtains actual possession and benefits, burdens and risk pass to him.
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Handover Protocol
The written documentation of the condition of the property at handover, including meter readings, keys and any recorded defects.
Reviewing a contract, arranging escrow, securing handover?
When buying property, the contract and the land register decide. Call us directly or send an email, callback within one business day.
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Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
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