When can a seller statement about an old building become a warranted characteristic? Learn how buyers compare it with records and the contract under ABGB sections 922 and 923.
BRANDAUER Rechtsanwälte
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A specific statement made by a seller can become important for the condition owed under an old-building purchase contract. The decisive points are the precise wording, the way the statement fits into the contract and its annexes, and whether it could have influenced the purchase decision.
Under section 922(1) of the Austrian General Civil Code (ABGB), the item transferred for consideration must conform to the contract. This includes agreed or ordinarily expected characteristics and conformity with a description or agreement. Section 922(2) ABGB also takes public statements by the transferor into account, particularly statements in advertising and attached information.
Section 923 ABGB addresses cases in which someone attributes characteristics to an item that it does not have or conceals unusual defects and burdens. Buyers of old buildings should therefore preserve the seller statement, the property records and the draft contract as one connected evidentiary record.
Five checks help classify the statement, supporting evidence and any discrepancy in an old-building purchase.
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A statement about condition, construction or usability needs a clear connection to the property being bought.
Record which specific characteristic is intended and how it relates to the property. A general advertising statement and a description of the agreed condition may have different legal reach.
Save the brochure version, emails, messages and conversation notes. Ask for the property characteristic relevant to the purchase decision to be described specifically in the contract or an annex.
Still compare the warranted characteristic with the full contract wording and its annexes. Check whether any later qualification or correction before signing has been recorded.
Preserve the original wording, the property records and the actual condition. Have the statement classified as an agreed characteristic, a public statement or other information, and assess the possible consequences.
A seller statement carries greater weight when it describes a specific characteristic of the property. Examples include the condition of a building component, a particular construction standard or a defined use. Whether the statement forms part of the agreed condition depends on its wording, the contract and the circumstances of the transaction.
Section 922(1) ABGB links warranty to conformity with the contract. Agreed characteristics stand alongside characteristics ordinarily expected for the item. A description in a brochure or annex may be relevant, while the full contract still has to be interpreted as a whole.
Wording that includes a clear reservation, limits the seller's knowledge or presents an assessment should be read carefully. Such wording can affect the classification, while it does not automatically remove every legal meaning. Buyers should preserve the statement and its connection to the building.
Section 922(2) ABGB also takes into account what the purchaser may expect based on public statements by the transferor or the manufacturer. It expressly refers in particular to advertising and information attached to the item. Depending on the process, an old-building purchase may therefore involve a brochure, online listing, property description or forwarded annex.
The statutory effect has limits. The transferor is not bound by the public statement if they neither knew nor could have known it, if it was corrected at the time of contracting, or if it could not have influenced the transaction. The sequence of events is therefore important: preserve the version used and record later corrections.
An email or conversation note can also show which question was asked and how it was answered. Keep the complete exchange. Individual sentences can be interpreted more reliably when the context, the question and the response are preserved together.
For an old building, compare the seller statement with records for the relevant component and with the condition observed during inspection. Depending on the statement, the building file, plans, invoices, maintenance records, reports, permits or information about earlier renovations may matter. A general list of documents cannot replace the connection to the specific statement.
If the statement concerns an oil tank, asbestos or other building pollutants, the article on pollutants in an old-building purchase provides a separate practical record check. If the issue is soil contamination, the article on contaminated land and soil addresses that separate layer.
The key comparison is between statement, supporting record and actual property. Note which document supports the statement, whether it is current and whether the draft contract describes the same condition. This keeps technical questions distinct from questions of legal interpretation.
Seller statements that matter to the purchase should appear in the purchase contract or in an unmistakably identified annex, with a clear connection to the property. Describe the condition, the affected area or installation and the record supporting the statement. Broad collective terms make later interpretation harder.
The contract version should show which information is intended to be binding and which records form part of the contract. Technical statements benefit from an exact designation, a date and an assignment to plans or findings. This creates a traceable basis for comparison with the building.
The article on reviewing a property purchase contract before signing covers the broader review of wording and annexes. The seller statement remains a distinct point because its wording can influence both the property condition and the later evidence.
If a discrepancy appears during inspection or after purchase, first preserve the statement and the actual condition. This includes the listing or brochure version, the contract and annexes, photographs, findings, messages and a dated account of what was discovered.
Section 923 ABGB refers, among other things, to attributing characteristics that are absent and to concealing unusual defects or burdens. Whether this applies to the specific old building and statement depends on the content of the declaration, the seller's knowledge and the contract as a whole.
A discrepancy does not automatically determine a particular contractual consequence. The assessment may involve warranty, contract interpretation or further legal steps. The article on hidden defects addresses the adjacent issue. Seller-side tax records are a separate topic covered by real estate capital gains tax for sellers.
This overview separates the content of the statement from its evidence and legal classification.
| Statement | Review | Open point |
|---|---|---|
| Specific characteristic Condition, construction or usability of the old building | Compare wording with contract and property | Scope of the warranted characteristic |
| Public statement Brochure, listing or attached description | Preserve version and timing | Correction and influence on the transaction |
| Reservation Limit based on knowledge or wording | Read the reservation in context | Classification within the full contract |
| Concealed problem Unusual defect or unusual burden | Document questions and indications | Assessment under section 923 ABGB |
The legal assessment depends on the wording, records, condition and circumstances of the transaction.
Before signing: A seller statement that matters to the purchase should align with the specific property, its records and the contract wording. Preserve the version used before listings or records are changed.
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The classification depends on the content, context and contract. A statement about a specific characteristic may operate differently from a general assessment or clearly recognisable advertising.
It is a statement about a defined condition, construction feature or use of the property. The wording and circumstances must make the subject matter sufficiently clear.
This cannot be answered in general terms. The exact contract, the specific statement and any concealment of an unusual defect or burden must be assessed together under sections 922 and 923 ABGB.
Keep the brochure and listing version used, emails, messages, conversation notes, the draft contract, annexes, reports and photographs. Assign the records to the property and date involved.
Document the discrepancy and assign it to a specific sentence or contract annex. Then assess the significance of the statement and the legal consequences that may arise in the individual case.
Compare oil tanks, asbestos and building pollutants with records and the contract.
Review soil-related risks separately from pollutants in the building itself.
Classify discrepancies after purchase and preserve the evidence.
Read the contract wording, annexes and open seller statements together.
Treat seller-side tax records as a separate review topic.
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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