The document basis is not sufficient yet.
Request the missing documents first. Without them, it is not possible to assess whether purchase price, escrow, handover or warranty are properly regulated.
A binding offer should not leave this gap open.
Warranty
Have warranty claims against builders and guarantees assigned when buying a house
Buying after construction or renovation: have claims against builders, contractors and guarantors assigned in the contract.
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17 August 2026 · Mag. Bernhard Brandauer, Rechtsanwalt
When buying a recently built or renovated house, the buyer does not automatically receive all claims against builders, contractors or guarantors. Invoices, guarantee cards and test records help only if the chain of claims is addressed in the purchase contract.
The contract should state which warranty claims, guarantees and document delivery claims are to pass to the buyer. Without express wording, it may remain unclear whether the buyer can proceed directly against third parties.
This article does not cover general warranty against the seller. It focuses on assignment of claims from earlier works contracts, supplies and guarantees.
Quick check
Is this point clarified before signing?
Two questions show whether documents and contract wording fit together.
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Are the documents needed for this point complete?
Draft contract, land register and property specific evidence must be reviewed together.
All paths at a glance
Overview of all answers.
The basis is documented, but the contract must be read carefully.
If documents and draft contract match, the starting point is better. Still check maturity, assurance, retention, withdrawal right and handover consequences in detail.
The risk is not sufficiently protected in the contract yet.
If the draft remains general, it should be revised before signing. Depending on the situation, a condition, retention, seller assurance or clear handover mechanism may be appropriate.
Separate claims against seller and third parties
Separate claims against seller and third parties
Warranty against the seller is one issue. In addition, the seller may have claims against builder, installer, roofer, manufacturer or guarantor.
For general hidden defects see warranty for hidden defects.
The assignment concerns the second layer. The buyer should know not only that a defect exists, but also who may still be liable.
Request documents, invoices and guarantees
Request documents, invoices and guarantees
Works contracts, invoices, handover records, test certificates, maintenance evidence, guarantee cards and defect correspondence matter. They show which rights are usable.
For technical installations see photovoltaics and heat pumps when buying a house.
If documents are missing, an assignment may have limited practical value.
Draft the assignment clause concretely
Draft the assignment clause concretely
The clause should not merely refer to all claims. It should identify counterparties, trades, documents, cooperation duties and any exclusions.
For defects after handover, defect notice after handover remains relevant.
The page warranty in property purchases places buyer rights against the seller in context.
Do not mix BTVG, new build and guarantee
Do not mix BTVG, new build and guarantee
Developer cases may have their own protection mechanisms. A normal assignment clause does not replace that review.
For new build apartments see new build apartment, BTVG, payment plan and escrow.
The purchase contract risk check helps with first classification.
Review points
Which contract questions matter before payment
The overview shows which points should not remain open.
| Point | Evidence | Risk without review |
|---|---|---|
| Claim Against seller or third party | Wrong counterparty is pursued | |
| Documents Invoice and guarantee are available | Right cannot be evidenced | |
| Assignment Clause names claim and cooperation | Buyer lacks enforcement route | |
| Timing Defects and dates documented | Claim is reviewed too late |
The suitable contract solution depends on the property and the available documents.
Note: This point should not be reviewed only after signing. Known risks belong in the contract, escrow instructions and handover plan beforehand.
Receive updates: Further practical information on property purchases and contract review is available through Brandauer News.
FAQ
Have warranty claims against builders and guarantees assigned when buying a house.
Should this point be clarified before signing? +
Yes. If the point affects payment, land register, escrow or handover, it should be reviewed against the documents and regulated in the contract before signing.
Is an oral seller assurance enough? +
An oral assurance is usually too weak. Reliable documents, clear contract wording and an escrow process that protects the assurance are decisive.
When should legal review be obtained? +
Review is best before a binding offer or at the latest before signing the purchase contract. After payment or land register filing, corrections are often harder.
Further reading
Related contract review resources
Topics
WarrantyAssignmentGuaranteeHouse purchaseBuilder
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