Warranted Characteristics
Characteristics the seller expressly or implicitly assures; their absence triggers warranty even where warranty is otherwise excluded.
If the seller assures a particular condition, for instance a certain area, suitability as building land or a specific usable floor space, this becomes part of the owed contractual content. Its absence is a defect within the meaning of the statutory warranty.
A warranty exclusion agreed in the purchase contract does not, in case of doubt, cover warranted characteristics. Buyers should therefore have value-determining statements expressly included in the contract as assurances.
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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Statutory Warranty
The seller's no-fault liability for the property having the stipulated or ordinarily expected characteristics at the time of handover.
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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.
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Energy Performance Certificate
A document on the overall energy efficiency of a building; the seller must present and hand it over, otherwise at least an average efficiency is deemed agreed.
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
+43 662 6280000