Topic
What to check before you buy
The burden of proof shifts once you sign. Before that, the seller has to disclose. Afterwards, you have to prove. That is why the order of your checks matters more than their depth.
What the seller must volunteer
Every legal system covered here recognises circumstances a seller must disclose without being asked. Concealing one of them means an agreed exclusion of liability does not help the seller. It is the strongest lever a buyer has, and it only works if you know what belongs on that list.
How far a liability exclusion reaches
The clause 'sold as seen' appears in almost every contract. It covers less than most people assume.
Fraud
Anyone who knows of a defect and conceals it cannot rely on any exclusion. That holds in every country covered here.
Assured qualities
What the seller expressly assures, such as a floor area or a residential use, remains binding despite the exclusion.
The missing documents that mean something
Some documents are missing out of carelessness, others for a reason. A building permit nobody can find, an occupancy permit that does not exist, minutes of an owners' meeting that never get handed over: in these three cases, the absence itself is the finding.
The burdens that never make it into the listing
Rights of way, lifetime rights of residence, a municipality's pre-emption right and suspected contamination sit in registers, not in the listing. They reduce the value, restrict the use, and pass to the buyer.
The legal position in Germany
How long the seller remains liable
Five years from handover, because a house counts as a building (section 438(1) no. 2(a) BGB). That applies expressly to older buildings too. In practice, this liability is almost always excluded by contract when a private seller sells a used property, which is why the exceptions below are the part that actually matters.
By when a defect must be reported
No short notice deadline when buying from a private seller.
How far a liability exclusion reaches
Yes, and in a notarised purchase from a private seller it is practically always in the contract. The five years therefore play almost no role in everyday practice.
When the exclusion does not hold
The seller cannot rely on the exclusion if they fraudulently concealed the defect or gave a guarantee (section 444 BGB). The full burden of proving fraud lies with you. How long you then have is governed by section 438(3) BGB, and in your favour: the regular three-year limitation applies from the end of the year you learned of the defect, but it never expires before the five-year period does. Discovering the defect only in the fourth year therefore does not cost you your claim in the fifth.
What you can claim
Cure first, then rescission or a price reduction, plus damages or reimbursement of futile expenses.
Basis: Sections 437, 438 and 444 of the Civil Code (BGB). Last checked against the legal text: 2026-08-17.
The legal position in Austria
How long the seller remains liable
Three years from handover, including for a defect that only becomes visible later.
By when a defect must be reported
No short notice deadline. You only need to assert the defect within the three years.
How far a liability exclusion reaches
Yes, between private individuals 'bought as inspected' is allowed, and the period can even be shortened.
When the exclusion does not hold
The exclusion does not hold if the seller fraudulently concealed a defect they knew about. You have to prove that, but courts construe such clauses narrowly if in doubt.
What you can claim
Repair or replacement first. Only once that is impossible or refused do a price reduction or rescission follow. Damages come on top where the seller is at fault.
Basis: Sections 928, 932 and 933 of the Civil Code (ABGB). Last checked against the legal text: 2026-08-17.
The legal position in Switzerland
How long the seller remains liable
Five years from acquiring title. Since 1 January 2026 this period can no longer be shortened to your disadvantage. IMPORTANT ON TIMING: the new law is NOT retroactive. It only covers contracts concluded from 1 January 2026 onward. Anyone who bought before that falls under the old law, where both shortening the period and an immediate-notice duty were the rule. Always establish the date of the purchase contract first, not the date of handover.
By when a defect must be reported
Sixty days from the day you discover the defect, for defects that were not detectable on a customary inspection. A shorter period in the contract is invalid. This too only applies to contracts from 1 January 2026 onward; under the old law, notice had to be immediate, measured in days.
How far a liability exclusion reaches
Yes, on the purchase of an existing property the exclusion remains common and permitted. The mandatory right to a repair applies only to buildings that are new or still being built.
When the exclusion does not hold
The exclusion is invalid if the seller fraudulently concealed the defect. The Federal Supreme Court also disallows it where a defect lies completely outside what a buyer had to reckon with.
What you can claim
Rescission or a price reduction, your choice. A repair is only available for a new build under two years old.
Basis: Articles 199, 205 and 219a of the Code of Obligations (OR), version in force since 1 January 2026. Last checked against the legal text: 2026-08-17.
The legal position in 30 further countries
This theme also has a legal basis on record for these countries, each with its statute and verification date. Expand your country.
Belgium
How long the seller remains liable
There is no fixed number of years. The seller remains liable for defects that already existed at the time of sale, but the buyer must commence court proceedings promptly after discovery. As of 29.07.2026, the old civil code still governs this area, because the new Book 7 of the Burgerlijk Wetboek, although adopted, is not yet in force.
By when a defect must be reported
The buyer must sue within a short time after discovering the defect, or the rights are lost. No statute defines how short this period is, the judge decides on a case by case basis. Waiting is therefore not advisable.
How far a liability exclusion reaches
Yes, between private individuals liability may be excluded, provided the seller is in good faith. The clause is known as vendu dans l’état or gekocht in de staat waarin het zich bevindt (sale in the condition in which the property stands).
When the exclusion does not hold
The exclusion does not apply if the seller deliberately concealed a defect that he already knew about. The buyer must prove that the seller had knowledge of the defect.
What you can claim
The buyer may choose between returning the property and receiving the full purchase price, or keeping the property and receiving a partial refund. If the seller knew of the defect, damages are also recoverable.
Basis: Art. 1641, 1643, 1644, 1645, 1648 altes Zivilgesetzbuch. Last checked against the legal text: 2026-08-19.
Bulgaria
How long the seller remains liable
For a used house or apartment, the buyer may assert claims for hidden defects for one year from handover. If the seller knowingly concealed the defect, the period is three years. The parties may contractually extend or shorten this period. This is distinct from an exclusion of liability: the period is negotiable, but any clause wholly releasing the seller from liability is void.
By when a defect must be reported
The buyer must inspect the property within a reasonable time after handover and report any defect immediately. For hidden defects, rights are preserved if the buyer notifies the seller immediately upon discovery. The statute does not state a fixed number of days.
How far a liability exclusion reaches
No, a total exclusion of liability for defects is ineffective. The statute expressly provides that any agreement on release from liability is void. This remains true even if the contract often contains a clause stating that the buyer knows the condition of the property, for example купувачът е запознат със състоянието на имота (the buyer is familiar with the condition of the property) or огледал и приел имота (inspected and accepted the property).
When the exclusion does not hold
Liability persists in particular where the seller knowingly concealed a defect known to him (Bulgarian: съзнателно е премълчал недостатъка, intentionally remained silent about the defect). The buyer must prove that a hidden defect existed, that the seller knew of it, and that the seller intentionally concealed it. In that event, the longer period of three years applies.
What you can claim
The buyer may choose: to return the property and demand repayment of the purchase price, to retain the property and demand a reduction in price, or to have the defect remedied at the seller's expense. If the defect caused further damage, the buyer may additionally claim damages.
Basis: Zakon za zadalzheniata i dogovorite (ЗЗД, Gesetz über Schuldverhältnisse und Verträge), Art. 197 (Frist) in Verbindung mit Art. 193 (Mängelhaftung); ЗЗД Art. 194 ("незабавно да уведоми продавача"). Last checked against the legal text: 2026-08-19.
Denmark
How long the seller remains liable
A private seller who fails to provide condition reports remains liable for latent defects for up to 10 years from the date of handover. The buyer loses the claim at the latest 3 years after discovering the defect or after they should have discovered it. If the seller instead uses the huseftersynsordningen (house inspection scheme), they can be released from liability for the physical condition of the building.
By when a defect must be reported
The buyer must give the seller notice of a discovered defect inden rimelig tid (within a reasonable time) after discovery. Otherwise the right may be lost through inaction. Danish law does not specify a fixed number of days or months. The reasonable time depends on the nature of the defect. In addition, the claim must be pursued within the limitation period of 3 years from discovery.
How far a liability exclusion reaches
Yes. The seller releases themselves by providing the buyer before contract conclusion with a valid tilstandsrapport (condition report) and an elinstallationsrapport (electrical installation report), making an offer for an ejerskifteforsikring (ownership change insurance), offering to pay half of the premium, and explaining the effect in writing. This procedure is called huseftersynsordningen (house inspection scheme). A mere clause such as som beset or som den er og forefindes (bought as inspected) does not release a private seller if they could have achieved the effect through this procedure.
When the exclusion does not hold
The release does not apply if the seller acted with svig (intentional concealment) or grov uagtsomhed (gross negligence), if they gave a guarantee, for defects that arose only after the date of the report, as well as for unlawful electrical, heating, and sanitary installations or violations of public law. The buyer must prove that the seller knew or should have known of the defect and failed to disclose it.
What you can claim
The buyer may claim forholdsmæssigt afslag (a proportionate price reduction). Fault on the seller's part is not required, but the defect must exceed a triviality threshold of about 2 to 8 percent of the purchase price. Rescission, ophævelse, is only possible for a material defect. Damages, erstatning, are recoverable only if the seller acted culpably or fraudulently. A repair generally cannot be demanded from a private seller. There is no fixed statutory order.
Basis: Lov om forbrugerbeskyttelse ved erhvervelse af fast ejendom (regelt die huseftersynsordning: tilstandsrapport, elinstallationsrapport und Angebot einer ejerskifteforsikring mit Hälfte der Prämie); Forældelsesloven § 3 Abs. 1 (drei Jahre ab Kenntnis). Last checked against the legal text: 2026-08-19.
Estonia
How long the seller remains liable
Where a private individual sells a used apartment or house, they are liable for hidden defects that already existed at the time of handover. Under VOS § 218, the only relevant factor is whether the defect existed at the moment of transfer of risk; the fact that it becomes visible only later is immaterial. Unlike a purchase from a dealer, there is no fixed period of two years. The buyer may generally assert claims for three years from handover. Where a building has a defect, the claim expires no earlier than five years after completion of the building, which in the case of old houses has usually already elapsed, so that the three years from handover apply. If the seller intentionally concealed the defect, the period is ten years.
By when a defect must be reported
Yes. The buyer must notify the seller of a defect within a reasonable time under VOS § 220 after noticing it or after they should have noticed it, otherwise the buyer loses their rights. The buyer must also describe the nature of the defect. A fixed period of two months applies only to purchases from a dealer, not to purchases from a private individual. As a practical upper limit for notification, two years from handover is commonly cited; courts have allowed later notification in individual cases, so this is not a fixed figure. The duty to notify falls away entirely if the seller knew of the defect and intentionally concealed it under VOS § 221; in that case it no longer matters whether or when notification was given.
How far a liability exclusion reaches
Yes. In a sale between private individuals, liability for defects may be restricted or excluded in the contract, for example by a clause stating that the property is purchased as it stands. The usual Estonian wording is ostetud nagu on or nagu asi on, meaning purchased as is. Such an exclusion is not permitted where a consumer buys from an entrepreneur.
When the exclusion does not hold
The exclusion is ineffective if the seller knew or should have known of the defect and concealed it, or if the seller caused the defect intentionally or through gross negligence. The buyer must prove that the seller knew of the defect and failed to disclose it.
What you can claim
For a justified defect, the buyer may demand repair or replacement, reduce the purchase price, or claim damages. The buyer may withdraw from the contract entirely only in the case of a serious defect. The buyer may also combine these remedies; there is no strict sequence.
Basis: VOS (Voelaoigusseadus) § 227 (Verjährung beginnt mit Übergabe an den Käufer); VOS § 220 (Meldung in angemessener Zeit, mõistlik aeg. Last checked against the legal text: 2026-08-19.
Finland
How long the seller remains liable
In Finland, liability depends on the type of asset acquired. For a used apartment that legally consists of shares in a housing company, a private seller is liable for hidden defects for two years from handover. For a house with its own plot, the liability period is five years from handover.
By when a defect must be reported
Yes, the buyer must notify the seller of the defect and of any claim within a reasonable time after discovering the defect or after having been expected to discover it, otherwise the rights are lost. Under case law, this reasonable time is usually about three to four months. In addition, there is a fixed ultimate limit after which no notification is possible at all: for an apartment, two years from handover, and for a house with land, five years from handover.
How far a liability exclusion reaches
Yes, liability can be restricted or excluded in the contract, but only by means of an exact, specified clause that states precisely for which matter the buyer waives rights. A general statement such as bought as inspected is insufficient. The usual general clause in Finnish reads myydään siinä kunnossa kuin se on or sellaisena kuin se on, and exactly this blanket wording does not protect the seller under the law.
When the exclusion does not hold
An exclusion of liability does not apply if the seller acted dishonestly or with gross negligence, for example if the seller knew of the defect or ought to have known of it and concealed it from the buyer. The buyer must then prove that the seller knew of the defect or concealed it with gross negligence. The Finnish expressions for this are kunnianvastaisesti ja arvottomasti (dishonest and contemptible) and törkeän huolimattomasti (grossly negligent).
What you can claim
The buyer may primarily demand a price reduction, and if the defect is substantial, may withdraw from the purchase. In addition, the buyer may claim damages. For a house, a pure hidden defect only entitles the buyer to price reduction or withdrawal, while damages are available only for certain defects or where there is fault. For an apartment, the buyer is entitled to damages unless the private seller proves that no fault attaches to the seller. There is no claim to require a private individual to carry out repairs.
Basis: Asuntokauppalaki 843/1994, 6 luku 14 § 2 mom (apartment/shares, two years from handover); Asuntokauppalaki 843/1994, 6 luku 14 § 1–2 mom (reasonable time, fixed limit two years). For a HOUSE WITH OWN LAND, a different statute applies, namely Maakaari (540/1995), 2 luku 25 §: five years from handover of possession, plus the duty to notify the defect within a reasonable time. The same provision removes the seller's protection under these time limits if he has acted dishonestly and contemptibly or with gross negligence (kunnianvastaisesti ja arvottomasti tai törkeän huolimattomasti).. Last checked against the legal text: 2026-08-19.
France
How long the seller remains liable
Two years from the day the buyer discovers the defect, with an outer limit of twenty years from the sale (Art. 1648 and Art. 2232 Code civil). Since the judgment of the Cour de cassation (French Supreme Court), chambre mixte (mixed chamber), of 21.07.2023, these two years constitute a limitation period, no longer an exclusion period. The practical difference is material: a limitation period may be suspended or interrupted under the general rules, for instance by an expert report ordered by the court. Previously the period ran inexorably, and claims failed for that very reason.
By when a defect must be reported
No separate notification period exists. The two years from discovery simultaneously constitute the period for filing suit.
How far a liability exclusion reaches
Yes, the law expressly permits it. Formulas such as vendu en l'état (sold as seen) appear in almost every contract. They benefit only a private seller in good faith.
When the exclusion does not hold
The clause is ineffective if the seller knew of the defect. For a private seller, good faith is presumed, so the buyer must prove the seller's knowledge. Brokers, property dealers and developers cannot be exempted at all.
What you can claim
The buyer chooses between returning the property against repayment of the full purchase price and keeping it against a partial refund. If the seller knew of the defect, damages are also due.
Basis: Art. 1643, 1644, 1645, 1648 Code civil; Cour de cassation, 21.07.2023, Nr. 21-17.789. Last checked against the legal text: 2026-08-19.
Greece
How long the seller remains liable
A private seller is liable for hidden defects in a used apartment or house for five years, calculated from the handover of the thing. The period runs from handover, even if the buyer discovers the defect much later. For movable goods the period is two years; the five years apply only to immovables.
By when a defect must be reported
In a purchase from a private person there is no short period within which a defect must be reported; only the limitation period of five years is decisive.
How far a liability exclusion reaches
Yes, in a purchase from a private person liability for defects may be excluded in the contract, because the rules on sale are default law. The usual formula is 'os echei kai stekei' (as it stands and lies).
When the exclusion does not hold
The exclusion is ineffective if the seller fraudulently concealed a defect; the buyer must then prove that the seller knew of the defect and deliberately concealed it. The same applies to the limitation period. Under Art. 557 Astikos Kodikas the seller may not invoke the five years if he fraudulently concealed a defect or concealed the absence of a guaranteed quality. A buyer who discovers late that something was deliberately hidden is therefore not automatically left without remedies.
What you can claim
The buyer may freely choose between repair or replacement, reduction of the purchase price and rescission. Rescission is available only if the defect is not insignificant. Additionally the buyer may claim damages. There is no fixed order.
Basis: Astikos Kodikas Art. 554 in der Fassung von Art. 52 des Gesetzes 4967/2022 (Umsetzung von Art. 10 der Richtlinie (EU) 2019/771): Verjährung fünf Jahre bei unbeweglichen Sachen, zwei Jahre bei beweglichen, gerechnet ab der UEBERGABE an den Käufer. Eine vom Käufer beantragte Beweissicherung unterbricht die Verjährung. Nachgelesen an der amtlichen Darstellung des griechischen Justizministeriums (opengov.gr) zu Art. 52.. Last checked against the legal text: 2026-08-19.
Ireland
How long the seller remains liable
Ireland follows caveat emptor: a private seller owes NO liability for a hidden building defect such as damp or cracking once handover has taken place. The seller only has to disclose a hidden defect in TITLE. That is why the buyer has to have the property surveyed before buying. Liability only arises if the seller misrepresented or gave false information, and such a claim generally has to be brought within 6 years (12 years if the contract was executed as a deed under seal).
By when a defect must be reported
There is no separate short notice deadline for buying a used property from a private seller, unlike in some other countries. Legal doubts get cleared up before completion through objections and requisitions on title. After completion, only the ordinary limitation period counts: a claim for misrepresentation must be brought within 6 years, running from discovery where there was fraud.
How far a liability exclusion reaches
Exclusion is practically the default, because the law already places the burden of checking on the buyer. Contracts under the Law Society General Conditions of Sale confirm the buyer takes the house as found. The usual wording is 'sold in its present condition' or 'as is', often paired with a clause that the buyer did not rely on anything the seller said (a non-reliance clause). Excluding liability for misrepresentation only works if the exclusion is fair and reasonable.
When the exclusion does not hold
The exclusion does not hold against fraud or fraudulent misrepresentation, or against knowingly concealing a hidden defect in title. Fraud can never be validly excluded, and any exclusion for misrepresentation must be fair and reasonable. The buyer has to prove the seller made a false statement of fact, that it induced the purchase, and, for fraud, that the seller knew it was false or was reckless as to whether it was true.
What you can claim
Only where there is a valid claim at all, so for misrepresentation, fraud or breach of a contract term. The buyer can then rescind the contract or claim damages; a court may award damages instead of rescission. There is no fixed order between the two, the court decides. A buyer cannot demand a repair from a private seller, since there is no statutory quality guarantee. Before completion, they can instead sue for specific performance.
Basis: The common-law principle of caveat emptor; Statute of Limitations 1957, section 11(1)(a) (six years for a claim in simple contract) and section 11(2)(a) (six years for a claim in tort), each running from when the cause of action accrued; section 71 (postponing the limitation period where fraud concealed it); section 11(5) (twelve years for a claim on an instrument under seal). Checked against the Law Reform Commission's consolidated official text (revisedacts.lawreform.ie).. Last checked against the legal text: 2026-08-17.
Iceland
How long the seller remains liable
Liability runs for five years from handover. Within this period the buyer must have reported the defect, after which the right is extinguished, unless the seller promised a longer liability period, in which case that promise governs. For the dossier it is material that in Iceland a defect explicitly includes any failure of the property to match statements made by the seller or the broker, covering both the advertisement and the sales documents. A glossed advertisement therefore becomes evidence later.
By when a defect must be reported
The buyer must report a defect within a reasonable time after discovering it or after he should have discovered it (48. gr. 1. mgr. of the Real Estate Sales Act: 'innan sanngjarns frests') and may not delay without good reason. The absolute limit is five years from handover (48. gr. 2. mgr.). A seller may not rely on late notification if he acted with gross negligence or dishonesty.
How far a liability exclusion reaches
Between private individuals an exclusion of liability is possible, and a sale in its present condition is the usual clause in Iceland. It does not, however, discharge liability for claims the seller has made about the property.
When the exclusion does not hold
The exclusion is ineffective where the seller made incorrect statements, and also where he concealed a defect that was known to him. Equally, he cannot rely on late notification if gross negligence or dishonesty is attributable to him.
What you can claim
The buyer may first demand that the defect be cured, then a reduction in price, and in the case of a serious defect rescission of the purchase. In addition, damages are available if the seller is at fault.
Basis: Lög um fasteignakaup nr. 40/2002 (Real Estate Sales Act), 48. gr. 1. mgr. (duty to notify 'innan sanngjarns frests', within a reasonable time from discovery) and 2. mgr. (five-year limit from handover), plus the definition of a defect and its link to statements in advertisements and broker documents; additionally 9. gr. of Lög um sölu fasteigna og skipa nr. 70/2015 on the broker's duty. Checked against the consolidated text at Alþingi on 19.08.2026. UPDATE 28.08.2026: the exact paragraph for the notify-without-delay duty was previously unread and is now confirmed as 48. gr., verified directly against lagasafn.hi.is, the University of Iceland's mirror of the official Icelandic law collection (althingi.is itself blocks automated requests with HTTP 403).. Last checked against the legal text: 2026-08-19.
Italy
How long the seller remains liable
One year from delivery, regardless of when the defect appears.
By when a defect must be reported
Eight days from the day the buyer discovers the defect. After that, the rights are lost. This is the shortest period among all jurisdictions covered here. Two factors mitigate it. The eight days only begin once the buyer has objective and complete certainty about the defect, not merely upon initial suspicion. If the defect manifests gradually, the relevant moment is when the full picture is complete. Notice is wholly unnecessary if the seller has acknowledged the defect or concealed it (Art. 1495 Abs. 2 Codice civile). The parties may also agree on a different period in the contract.
How far a liability exclusion reaches
In principle, yes, but the standard formula visto e piaciuto (seen and liked) only exempts the seller from liability for visible defects under settled case law. It is ineffective for hidden defects.
When the exclusion does not hold
The clause is ineffective if the seller concealed the defects in bad faith. The eight day period then also ceases to apply.
What you can claim
The buyer chooses between rescission of the contract and a reduction in price. The choice becomes irrevocable upon filing the claim. Damages are also recoverable.
Basis: Art. 1490, 1492, 1494, 1495 Codice civile. Last checked against the legal text: 2026-08-19.
Croatia
How long the seller remains liable
A private seller is liable for hidden defects that manifest within two years from handover. For the sale of used property, the parties may contractually shorten this period to one year.
By when a defect must be reported
The buyer must report a hidden defect to the seller within two months of discovering it. Failure to do so extinguishes the buyer's rights. Visible defects must be reported within eight days. Once timely notice has been given, the underlying rights lapse two years after the notification was sent.
How far a liability exclusion reaches
Yes, the contract may completely exclude liability. The standard clause is viđeno-kupljeno (bought as seen). Such an exclusion is permissible between private parties. In a consumer contract, however, an exclusion agreed before the defect is reported is not binding.
When the exclusion does not hold
The exclusion is void if the seller knew of the defect and concealed it, or if the seller imposed the clause from a monopoly position, see čl. 408. The buyer bears the burden of proving that the seller had such knowledge and failed to disclose it. Far more important is the separate rule in čl. 407. Under that provision, the buyer does not lose his rights merely because he failed to inspect the property in time, missed the notification deadline, or the defect emerged only after the two years have expired, provided the defect was known to the seller or could not have remained unknown to him. The second alternative is the decisive lever: it is enough that the seller ought to have known of the defect, actual positive knowledge is not required. Consequently, a buyer who discovers moisture in the third year is not automatically left without remedies.
What you can claim
The buyer must first demand repair of the defect or delivery of a defect free item. If the seller does not comply, the buyer may reduce the purchase price or withdraw from the contract. In every case the buyer may also claim damages. With a house, replacement is usually impossible, so the remedies are limited to repair, price reduction, or withdrawal. Withdrawal is excluded if the defect is merely minor.
Basis: Zakon o obveznim odnosima, čl. 403 (Pregled stvari i vidljivi nedostaci, 8 Tage), čl. 404 (Skriveni nedostaci: Meldung binnen 2 Monaten ab Entdeckung, Haftung für Mängel, die binnen 2 Jahren ab Übergabe auftreten, bei gebrauchten Sachen vertraglich auf 1 Jahr verkürzbar), čl. 407 (Značenje činjenice da je prodavatelj znao za nedostatak), čl. 408 (Ograničenje i isključenje odgovornosti), čl. 422 (Rok za ostvarivanje prava, 2 Jahre ab Absenden der Meldung). Am 29.07.2026 am Wortlaut nachgelesen, und zwar in der Darstellung der kroatischen Rechtsanwaltskammer (pak.hr) zur Novelle NN 126/21, die die Artikel im Volltext wiedergibt.. Last checked against the legal text: 2026-08-19.
Latvia
How long the seller remains liable
A private seller is liable for hidden defects (apslēpti trūkumi) that existed before handover. Civillikums Paragraf 1612 and 1614 govern this. Paragraf 1612 states two things expressly: the seller is liable for defects he knew of and concealed, and for hidden defects he did not know of himself. His lack of knowledge does not exonerate him, and that is relevant only for contractual exclusion. The decisive factor is the short period in which the buyer retains rights. The buyer may claim withdrawal from the contract only up to six months after the day of contract conclusion, per Civillikums Paragraf 1633. The buyer may claim a price reduction only up to one year after the day of contract conclusion, per Civillikums Paragraf 1634. These periods run from contract conclusion, not from discovery of the defect or from handover. After they expire, these rights are time-barred.
By when a defect must be reported
General civil law provides no special complaint period for a sale between two private persons. The buyer therefore does not need to notify a discovered defect within a short period in order to preserve his rights. The only decisive factor is the limitation period: six months for withdrawal from the contract and one year for price reduction, both calculated from the day of contract conclusion under Civillikums Paragraf 1633 and 1634. The buyer must assert his claim within these periods. The stricter periods under consumer protection law apply only where the seller is a dealer, not in a private sale.
How far a liability exclusion reaches
Yes. The parties may exclude or limit liability for defects in the contract. Civillikums Paragraf 1617 and 1619 permit this. A common clause provides that the buyer purchases the property in the condition in which it stands, and that the seller assumes no liability for defects. In Latvian this waiver is called atteikšanās no atbildības par lietas trūkumiem, which means waiver of liability for defects of the thing. Such an exclusion is in principle binding.
When the exclusion does not hold
The exclusion does not apply where the seller concealed the defect fraudulently. Latvian law terms this ļaunā nolūkā apslēpis, meaning concealed with malicious intent, under Civillikums Paragraf 1617 and 1619. In that event the seller remains liable despite the exclusion clause. Under Paragraf 1620 he must compensate the entire damage (visus zaudējumus) in cases of fraudulent concealment. The buyer must prove that the seller knew of the defect and consciously concealed it, or that he expressly asserted the absence of the defect.
What you can claim
The buyer has two main rights and may choose between them. First, he may withdraw from the contract (līguma atcelšana). In that case he returns the property and receives reimbursement of the purchase price with interest and necessary expenses, per Civillikums Paragraf 1622 to 1624. Second, he may demand a price reduction (cenas samazināšana), meaning repayment of the amount by which he would have paid less had he known of the defect, per Civillikums Paragraf 1625. He may choose freely between the two, and there is no fixed sequence. So long as no judgment has been rendered, he may switch from price reduction to withdrawal if the property proves completely unusable, per Civillikums Paragraf 1627. He cannot demand cure, meaning repair by the seller, under the statute. Additionally, in the event of fraudulent concealment he may claim full damages, per Civillikums Paragraf 1620.
Basis: Civillikums Paragraf 1612, 1614, 1633, 1634 (lettischer Wortlaut auf likumi.lv, Dokument id=90220, eingesehen). Last checked against the legal text: 2026-08-19.
Liechtenstein
How long the seller remains liable
Three years from handover. Liechtenstein has its own Civil Code, modelled on Austrian law. For immovable property, the right to warranty must be asserted within three years.
By when a defect must be reported
There is no short notification period running from discovery. The period of three years itself is decisive: it is not preserved by notifying the seller, but requires court proceedings. A buyer who discovers a defect shortly before expiry must therefore take legal action at once, not merely send a letter.
How far a liability exclusion reaches
Exclusion is permissible between private individuals. The usual clause is purchase in the condition as inspected. The period may also be shortened.
When the exclusion does not hold
The exclusion does not apply if the seller knowingly and fraudulently concealed a defect. The buyer must prove fraud, so references to previous damage in advertisements and documents are important.
What you can claim
First repair or replacement, then price reduction or rescission. If the seller is at fault, damages are also available.
Basis: § 933 para. 1 of the Liechtenstein Civil Code (ABGB) (warranty for immovable property must be asserted in court within three years), Lilex law database, LR 210.0. Checked 19.08.2026. UPDATE 28.08.2026: the then-pending government bill to parliament has been identified as BuA No. 50/2025 of 08.07.2025 (amendment of the ABGB and the PGR, shortening the general civil-law limitation period), full text read at llv.li. It affects ONLY the general, long limitation period (§§ 1478, 1479, 1485 para. 2, 1489 ABGB and Art. 226 PGR, from 30 to 10 years) — § 933 is itself named in the bill as an example of a 'short limitation period' (p. 11) and is expressly said to remain unaffected as a lex specialis (p. 5). Unlike the earlier Switzerland case, none of the bills found actually repeals or changes § 933.. Last checked against the legal text: 2026-08-19.
Lithuania
How long the seller remains liable
When a private individual sells a used apartment or house, they are liable for defects that already existed before handover or that result from causes arising before handover. The seller's own knowledge is irrelevant: they remain liable even for hidden defects of which they were unaware. Because a private seller typically does not provide a quality guarantee, the buyer must prove that the defect already existed before handover. The buyer may assert claims for defects within a reasonable time, but at the latest two years after handover, unless the contract provides for a longer period. A longer period, for example five or ten years, applies only to the construction itself against the building contractor, not to a subsequent resale by a private individual.
By when a defect must be reported
Yes. The buyer must notify the seller of a defect within a reasonable time after discovering it or after having had to discover it given the nature and purpose of the item. If the buyer fails to report it in time, the seller may refuse to satisfy the claims wholly or partly, provided the seller proves that the late notice made performance impossible or disproportionately increased its cost. If the seller itself knew or should have known of the defect, the seller loses the right to invoke late notice. The statute does not state a fixed deadline in days for sales between private individuals. A reasonable time from discovery applies, with an outer limit of two years from handover.
How far a liability exclusion reaches
Yes. As a rule, contract clauses that exclude or limit the seller's liability for defects are invalid. However, the statute creates a specific exception for purchases at the buyer's own risk from a person who is not a commercial seller, that is, from a private individual. Consequently, in a private sale a clause is regarded as effective under which the buyer has inspected the property, knows its condition, and purchases it as it stands, without a quality guarantee from the seller. A typical Lithuanian formulation reads: pirkejas daikta apziurejo, jo bukle jam zinoma ir perka ji tokios bukles, kokios yra, savo rizika. Confirmed against the current statutory text (Civil Code art. 6.334 para. 4, see quelle): clauses excluding defect liability are generally invalid, EXCEPT where the buyer bought the property at his own risk from a person who is not a commercial seller — precisely the case described here.
When the exclusion does not hold
The exclusion does not protect a seller who acted dishonestly. If the seller knew of a defect and concealed it, the seller cannot rely on the clause. Any exclusion of liability for damage caused by intent or gross negligence is statutorily invalid. If the seller knew that the item did not conform to the contract, the seller additionally loses the right to invoke a late defect notice. In the event of fraudulent deception, the buyer may apply to a court to have the contract declared invalid. The buyer must prove that the seller knew of the defect and concealed it. The relevant Lithuanian terms are nesaziningumas (dishonesty), tycia (intent), trukumu nuslepimas (concealment of the defect), and apgaule (deception). UPDATE 28.08.2026: art. 6.334 para. 4 names disclosure of a known defect and the own-risk purchase as two SEPARATE exceptions to the exclusion ban, not as conditions that both must be met. Whether case law still denies the own-risk exception where the seller positively knew of and concealed a specific defect is not stated expressly by the statutory text alone — no case law was reviewed for this point.
What you can claim
For a justified defect, the buyer may choose between the following remedies: replacement of the property with one free of defects, which is practically impossible for a unique property, or a reasonable reduction of the purchase price, or free repair by the seller within a reasonable time or reimbursement of the repair costs, provided the defect is remediable. Only if the sale of the defective item amounts to a fundamental breach of contract may the buyer reclaim the purchase price and withdraw from the contract. There is no fixed hierarchy; the buyer chooses the remedy, but withdrawal is the remedy of last resort. If the item was destroyed because of a hidden defect already present at the conclusion of the contract, the seller must return the price and, if the seller knew or should have known of the defect, also compensate the resulting damage.
Basis: Civilinis kodeksas (VIII-1864) art. 6.333, 6.327, 6.334, 6.338 and 6.348. The two-year period from handover is found in 6.338 and was confirmed on 29.07.2026, as was the liability for defects the seller itself did not know. UPDATE 28.08.2026: the effectiveness of the exclusion clause in a private sale is now confirmed against the current text of art. 6.334 para. 4 ('Sutarties salygos, panaikinancios ar apribojancios pardavejo atsakomybe uz daiktu trukumus, negalioja, isskyrus atvejus, kai jis pirkejui atskleide daikto trukumus, kurie pardavejui buvo ar turejo buti zinomi, taip pat atvejus, kai pirkejas savo rizika pirko daiktus is asmens, kuris nera profesionalus pardavejas.'), read at the current consolidated edition on e-seimas.lrs.lt, the Lithuanian parliament — both infolex.lt (403) and e-tar.lt (persistent Cloudflare block) were unreachable, e-seimas.lrs.lt was the workable third source.. Last checked against the legal text: 2026-08-19.
Luxembourg
How long the seller remains liable
Even a private seller remains liable after handover for hidden defects that render the property unfit for use or substantially diminish its value. There is no fixed short limitation period. The buyer may generally invoke a hidden defect within the general limitation period of 30 years from the date of purchase, provided the short complaint period and the period of one year for bringing proceedings are observed.
By when a defect must be reported
Yes. The buyer must report any discovered defect to the seller within a short period, bref delai (an indefinite short delay), running from the date of discovery, and must then commence legal proceedings within a period of one year from that report, or the rights are lost. Luxembourg did not adopt the French reform that introduced a fixed period of two years. The indefinite bref delai continues to apply.
How far a liability exclusion reaches
Yes. Where a private individual sells, liability for hidden defects may be excluded by contract. Such an exclusion is valid in sales between private individuals and is in practice almost always included in the purchase contract. The standard clause reads essentially vendu en l'etat, sans garantie des vices caches (sold in its present condition, without warranty for hidden defects).
When the exclusion does not hold
The exclusion does not apply if the seller knew of the defect at the time of sale and deliberately concealed it, mauvaise foi (bad faith). The seller then remains liable despite the clause and is additionally liable for damages. The buyer must prove that the defect already existed at handover and that the seller knew of it and intentionally concealed it.
What you can claim
The buyer may choose between two remedies: either rescission of the sale with full repayment of the price, action redhibitoire (claim for rescission), or retention of the property with a reduction in price, action estimatoire (claim for price reduction). There is no claim for repair. Additional damages are available only if the seller knew of the defect.
Basis: Code civil luxembourgeois Art. 1641 (definition of the hidden defect); Art. 1648 (notification within a short period, thereafter lawsuit within a period of one year from notification). Last checked against the legal text: 2026-08-19.
Malta
How long the seller remains liable
A private seller remains liable for hidden defects even after transfer. Malta has continental civil law despite English influence, so pure caveat emptor does not apply. Under Art. 1426 Civil Code, liability expressly extends to defects the seller did not know, provided the parties have not agreed otherwise. For real estate, the claim expires one year after the purchase contract. Attention to the commencement of this period: this period of one year runs from the day of the CONTRACT, not from transfer. For movables, by contrast, it is six months from transfer, a different connecting factor that is often confused. If the buyer could not detect the hidden defect, this period starts only from the day on which the buyer could discover the defect.
By when a defect must be reported
Malta does not have a short notification period like some other countries. There is only the period of one year in which the buyer must file a lawsuit in court. This period begins with the purchase contract, but for a defect that was not recognizable it begins only from the day on which the buyer could discover the defect. If this period of one year lapses, the rights are lost.
How far a liability exclusion reaches
Yes, liability can be excluded in the contract. The seller is not liable for hidden defects only if the parties have expressly agreed that the seller gives no warranty whatsoever. A mere clause such as tale quale (bought as seen) is not sufficient under Maltese case law; the waiver must be clear and express.
When the exclusion does not hold
The exclusion does not protect the seller if the seller knew of the defect and concealed it. A party who conceals a known defect acts fraudulently, and a general exclusion clause does not apply in such a case. If the seller knew the defect, the seller must not only refund the price but also pay damages. If the seller did not know, the seller owes only repayment of the price and the purchase costs.
What you can claim
The buyer has the choice between two actions. By actio redhibitoria (action for rescission), the buyer returns the real estate and receives the full purchase price back. By actio aestimatoria (action for price reduction), the buyer keeps the real estate and receives back a part of the price determined by the court, namely a reduction. If the seller knew the defect, damages are due in addition.
Basis: Civil Code Cap. 16, Art. 1424, 1426, 1429 und 1431 (englischer Volltext auf legislation.mt eingesehen). Last checked against the legal text: 2026-08-19.
Netherlands
How long the seller remains liable
There is no fixed period that starts running from delivery. Your claims expire two years after you reported the defect, Art. 7:23 Abs. 2 BW. The report itself sets these two years in motion, and a buyer who does not report has no period running in his favour.
By when a defect must be reported
You must report the defect within bekwame tijd (reasonable time) after discovery, Art. 7:23 Abs. 1 BW. The statute contains no figure, but case law regularly applies about two months from discovery as the measure. Do not wait.
How far a liability exclusion reaches
Yes, and the standard NVM model contract already achieves this. For old houses, an ouderdomsclausule (age clause) is added, which removes even the last remaining guarantee.
When the exclusion does not hold
The seller's duty to inform takes precedence over your duty to inspect. A seller who concealed a known defect cannot rely on the ouderdomsclausule (age clause).
What you can claim
Repair, price reduction, dissolution of the contract and damages.
Basis: Art. 7:17 BW (Konformität), Art. 7:23 Abs. 1 BW (Rügepflicht) und Art. 7:23 Abs. 2 BW (Verjährung zwei Jahre ab Meldung). Last checked against the legal text: 2026-08-19.
Norway
How long the seller remains liable
A private seller remains liable for hidden defects for up to five years from the date of transfer. Once this period has expired, the buyer can no longer bring any claim, unless the seller has provided a longer guarantee.
By when a defect must be reported
Yes. The buyer must give notice of the defect within a reasonable time after discovering it or after the time when the defect should have been discovered. Otherwise the right is lost. In practice, a period of about two to three months is usually regarded as reasonable. In any event, the right expires after five years at the latest.
How far a liability exclusion reaches
A blanket exclusion by means of a clause such as solgt som den er (sold as seen) has been ineffective in sales to a consumer since 1 January 2022, even where the seller is a private individual. Such general reservations are without effect in consumer sales under avhendingslova § 3-9 andre ledd. The seller may now exclude liability only by expressly naming one specific defect. The customary clauses are solgt som den er or som han er.
When the exclusion does not hold
An exclusion does not protect the seller if he concealed something material, which under Norwegian law is termed manglande opplysningar (missing information), or if he gave incorrect details, termed uriktige opplysningar (false information). The buyer must show that the seller knew or ought to have known of the matter, that the information was material, and that it influenced the purchase.
What you can claim
The buyer may demand rectification, a price reduction, rescission for a serious defect, damages, and retention of part of the purchase price. The seller is entitled to rectify the defect first. If that is unsuccessful, price reduction or rescission follows. The buyer must bear a deductible of 10,000 kroner.
Basis: avhendingslova § 4-19 andre ledd (Lovdata, Lov 1992-07-03-93, geltende Fassung nach Reform 2022); avhendingslova § 4-19 første ledd ('innan rimeleg tid'. Last checked against the legal text: 2026-08-19.
Poland
How long the seller remains liable
Five years from handover (Art. 568 § 1 Kodeks cywilny, for movable property the period is only two years). Claims for cure or damages expire one year after discovery. This period of five years does NOT apply if the seller concealed the defect (podstępnie zataił, fraudulent concealment): you may then assert your rights even after expiry.
By when a defect must be reported
No short notification period. The duty to notify immediately under Art. 563 Kodeks cywilny applies explicitly only to sales BETWEEN BUSINESSES. When buying from a private individual, this duty does not exist. Only the period of five years matters. Where it does apply, it suffices to send the notification before expiry to preserve your rights.
How far a liability exclusion reaches
Yes, liability may be completely excluded between private individuals.
When the exclusion does not hold
The exclusion is ineffective if the seller concealed the defect (podstępnie zataił, fraudulent concealment). Even expired periods do not bar you.
What you can claim
First the seller may cure the defect or replace the item. Only thereafter may you choose price reduction or withdrawal from the contract. Withdrawal is excluded if the defect is minor.
Basis: Art. 558, 560, 563, 568 Kodeks cywilny. Last checked against the legal text: 2026-08-19.
Portugal
How long the seller remains liable
Five years from handover as the outer limit.
By when a defect must be reported
One year from the day the buyer notices the defect, and in any case within five years from handover. After that period, the buyer must bring suit within six months of giving notice.
How far a liability exclusion reaches
Yes, contractual freedom permits liability to be restricted, but not without limit. A clause excluding liability for fraud or gross negligence is void, even between private individuals (Art. 809 Código Civil). An exclusion therefore never covers the case where the seller concealed a known defect.
When the exclusion does not hold
If the seller acted with fraud, the duty to notify ceases and the exclusion clause also fails. Art. 809 Código Civil declares agreements excluding liability for fraud or gross negligence void. The Supreme Court interprets the limits of such clauses strictly.
What you can claim
Avoidance of the contract or reduction of the price, plus damages, and removal of the defect or replacement of the item.
Basis: Art. 913, 914, 916 (Abs. 3 für unbewegliche Sachen: ein Jahr ab Kenntnis, fünf Jahre ab Übergabe), 917 Código Civil; Art. 809 Código Civil (Nichtigkeit des Ausschlusses bei Arglist oder grober Verschuldung); Oberster Gerichtshof 2023 zur Sechsmonatsfrist. Last checked against the legal text: 2026-08-19.
Romania
How long the seller remains liable
A private seller is liable for hidden defects. For a house or apartment, the defect must manifest within 3 years from handover. Once the buyer discovers the defect, they have another 3 years to bring court proceedings. These two periods are distinct and often confused. The first 3 years are the termen de garanție (warranty period), within which the defect must become apparent; this period cannot be interrupted or suspended. The second period is a limitation period subject to the standard rules.
By when a defect must be reported
Yes, the buyer must notify the seller of a discovered defect within a reasonable time, otherwise the right to unwind the sale is lost. For a private purchase of residential property, there is no fixed number of days; the period depends on the circumstances. Only entrepreneurs purchasing movable goods are subject to a fixed period of 2 working days. If the seller fraudulently concealed the defect, this notice period does not apply against the buyer.
How far a liability exclusion reaches
Yes, liability may be excluded or limited by contract, but only if the seller acted in good faith and did not know of the defect. The standard clause states that the buyer has inspected the property and accepts its condition. Any clause excluding liability for a defect known to the seller is void by operation of law, so it need not be challenged in court.
When the exclusion does not hold
The exclusion does not apply to defects the seller knew or ought to have known; for such defects the clause is void. The buyer bears the burden of proving that the seller knew of the defect and deliberately concealed it.
What you can claim
The buyer may choose between repair of the defect at the seller's cost, replacement with an item free of defects, reduction of the purchase price, or unwinding of the sale. Upon the seller's request, the court may order a different remedy than the one demanded, depending on the severity of the defect. If the seller acted in bad faith, additional damages are also available.
Basis: Art. 2531 Abs. 1 Buchst. b Cod civil (Baugarantiefrist 3 Jahre bei Bauwerken, 1 Jahr bei sonstigen Sachen) in Verbindung mit der allgemeinen Verjährung von 3 Jahren nach Art. 2517 Cod civil; Art. 1709 Abs. 1 bis 4 Cod civil (Legea 287/2009). Last checked against the legal text: 2026-08-19.
Sweden
How long the seller remains liable
A private seller of a house with land remains liable for up to ten years from transfer (4 kap. 19 b § jordabalken). This is the longest limitation period applicable. For a bostadsrätt (cooperative apartment), the period is only two years, because the transaction is governed not by land law but by the purchase law.
By when a defect must be reported
You must notify the seller of the defect within a reasonable time (4 kap. 19 a § jordabalken), counted from the moment you discovered it or should have discovered it. Otherwise you lose your rights. The statute does not specify a fixed number. In case law, even four and a half months have been accepted as reasonable in the event of moisture damage. Nevertheless, the earlier you give notice, the safer your position.
How far a liability exclusion reaches
Yes, by means of a friskrivningsklausul (exclusion clause). For a house, the blanket wording i befintligt skick (in existing condition) is NOT sufficient under Supreme Court precedent. The clause must expressly state that you waive all claims. For a bostadsrätt (cooperative apartment), i befintligt skick is recognised as valid.
When the exclusion does not hold
The exclusion does not apply if the seller knew of the defect and concealed it, or otherwise acted in bad faith. You must prove the seller's knowledge. More important than the exclusion, however, is the Swedish buyer's duty to inspect, the undersökningsplikt (duty to investigate). This duty is extensive. The benchmark is what an average buyer could have discovered during a thorough inspection. A defect that should have been noticed is no longer hidden. This duty becomes smaller if the seller reassures you or deflects your inquiry. If the seller answers a question about moisture by stating that it has already been checked and is fine, the seller thereby reduces your inspection duty and creates personal liability.
What you can claim
For a house, the primary remedy is price reduction. Damages are available only if the seller is at fault. Rescission is possible only for a material defect. You cannot compel the seller to effect repairs. For a bostadsrätt (cooperative apartment), the buyer additionally has the right to demand that the defect be remedied.
Basis: Haus: Jordabalken (1970:994) 4 kap. 19 a und 19 b §. Wohnung: Köplagen (1990:931) 19, 30, 33 §. Last checked against the legal text: 2026-08-19.
Serbia
How long the seller remains liable
A private seller is liable for hidden defects only if they appear within six months of handover. The parties may agree a longer period in the contract. If the defect appears later, the seller is no longer liable unless he knew of the defect. If the buyer has given timely notice of the defect, he must assert his rights within one year of sending the notice, otherwise they expire.
By when a defect must be reported
The buyer must notify the seller of a hidden defect within eight days of discovering it, otherwise his rights are lost. This is subject to the outer limit in the liability period, namely that the defect must appear within six months of handover. Visible defects must be complained of at the time of acceptance or during the customary inspection. Because eight days is very short, this deadline is the most expensive point.
How far a liability exclusion reaches
Yes. Liability for defects may be restricted or wholly excluded in the contract. The usual clause is viđeno-kupljeno (bought as seen) or u viđenom stanju (in the condition seen). Between two private individuals this exclusion is valid because the consumer protection law does not apply here. It applies only where a dealer sells to a consumer.
When the exclusion does not hold
The exclusion is void if the seller knew of the defect and concealed it from the buyer, and likewise in case of abuse of a monopoly position. In addition, the buyer does not lose his rights despite late notice or despite expiry of the six months if the seller knew of the defect or it could not have remained unknown to him. The buyer must prove the seller’s knowledge or fraudulent intent.
What you can claim
If the buyer has given timely notice, he may at his option demand that the seller remedies the defect or delivers an item free of defects, that the price is reduced, or that the contract is rescinded. In each of these cases he may additionally claim damages. In the case of a house, the delivery of a different item is excluded, so only repair, price reduction, or rescission together with damages remain.
Basis: Zakon o obligacionim odnosima čl. 482 st. 2 (rok šest meseci od predaje) i čl. 500 (gubitak prava, rok godinu dana); čl. 481 (pregled stvari i vidljivi nedostaci), čl. 482 st. 1 (skriveni nedostaci, rok osam dana od otkrivanja) i st. 2 (šest meseci od predaje); čl. 484 (obaveštenje o nedostatku: der Käufer muss den Mangel näher beschreiben, und eine rechtzeitig abgesandte Meldung gilt auch dann als erfolgt, wenn sie verspätet oder gar nicht ankommt); čl. 485 (Značaj činjenice da je prodavac znao za nedostatak: der Käufer verliert sein Recht nicht bei versäumter Prüfung, versäumter Meldung oder Ablauf der sechs Monate, wenn der Mangel dem Verkäufer bekannt war oder ihm nicht unbekannt bleiben konnte); čl. 486 (vertragliche Beschränkung und Ausschluss). Am 29.07.2026 am serbischen Wortlaut nachgelesen, Volltext der Rechtsfakultät der Universität Belgrad (ius.bg.ac.rs).. Last checked against the legal text: 2026-08-19.
Slovakia
How long the seller remains liable
A private seller is liable for hidden defects if the buyer notifies the seller no later than 24 months after handover. Missing this deadline extinguishes the right, because the period is a true exclusion period. This liability is objective: it does not depend on whether the seller knew of the defect. A contractual clause stating that the seller knows of no defects therefore does not release him. The seller's knowledge is relevant only in relation to an exclusion clause or warranties.
By when a defect must be reported
The buyer must notify the seller of a discovered defect without unnecessary delay, and in any event no later than 24 months after handover. If the buyer fails to do so, his rights are lost.
How far a liability exclusion reaches
The usual exclusion clause reads ako stojí a leží (bought as it stands and lies). Under constant case law, however, this clause is ineffective for real estate and does not exclude liability for defects, because real estate is a precisely determinable specific thing.
When the exclusion does not hold
The seller remains liable despite any exclusion clause if he concealed a defect known to him, or if he warranted that the property had a certain characteristic or was free of defects. In these cases the buyer must prove that the seller knew of the defect.
What you can claim
In the case of a hidden defect, the buyer may first demand an appropriate reduction of the purchase price. The buyer may rescind the contract only if the defect renders the real estate unusable or if the seller gave a false warranty. Repair is not an independent statutory claim in this private sale. Damages may additionally be claimed under the general rules.
Basis: Občiansky zákonník (Gesetz Nr. 40/1964 Zb.), § 599 Abs. 2 (aktuelle Fassung; Občiansky zákonník § 599 Abs. 1 (ohne unnötigen Aufschub) und Abs. 2 (spätestens 24 Monate nach Übergabe). Last checked against the legal text: 2026-08-19.
Slovenia
How long the seller remains liable
A private seller is liable for hidden defects only if the defect appears within six months of handover. The commonly mentioned period of two years applies only to purchases from a business, not to a private sale. These six months are the shortest period among all countries covered here, apart from Italy. They can be extended upward by agreement. If the parties stipulate a longer period in the sales contract, the longer period applies. When buying an older property, this is the most effective point a buyer can still negotiate before signing.
By when a defect must be reported
The buyer must report a hidden defect to the seller within eight days from the day he discovered it. If he fails to do so, he loses his rights.
How far a liability exclusion reaches
Yes, between private individuals, liability for defects may be limited or excluded entirely in the contract. The usual clause to this effect is essentially sold as seen.
When the exclusion does not hold
The exclusion does not apply if the seller knew of the defect and concealed it from the buyer. The buyer must prove that the seller knew of the defect.
What you can claim
The buyer may demand, at his choice, removal of the defect, a reduction of the purchase price, or withdrawal from the contract, and in every case may additionally claim damages.
Basis: Obligacijski zakonik (OZ), 462. clen, 2. odstavek (Wortlaut: 'Prodajalec ne odgovarja za napake, ki se pokazejo potem, ko mine sest mesecev, odkar je bila stvar izrocena'); Obligacijski zakonik (OZ), 462. clen, 1. odstavek ('mora kupec obvestiti o njej prodajalca v osmih dneh, steto od dneva, ko je napako opazil', bei Verlust des Rechts). Last checked against the legal text: 2026-08-19.
Spain
How long the seller remains liable
The seller is liable for six months from handover.
By when a defect must be reported
The six months are also the time limit for filing suit. Extrajudicial notice does not stop this period, only filing a claim in court preserves it. The reason lies in its legal nature: it is an exclusion period (caducidad, a rigid cutoff period), not a limitation period. Therefore it is neither suspended nor interrupted and expires inexorably. If the defect is discovered in the fifth month, only one month remains to file suit, and no more.
How far a liability exclusion reaches
Yes, but only if two conditions are met simultaneously: the exclusion was expressly agreed, and the seller genuinely did not know of the defect.
When the exclusion does not hold
If the seller knew of the defect, the exclusion clause does not apply and the seller owes additional damages. The buyer must prove that knowledge.
What you can claim
The buyer may choose between returning the property in exchange for a refund of the purchase price and a reduction in price. If the seller knew of the defect, the buyer may additionally claim damages.
Basis: Art. 1484, 1485, 1486, 1490 Código Civil. Last checked against the legal text: 2026-08-19.
Czechia
How long the seller remains liable
A private seller is liable for hidden defects in a used property that already existed at handover for up to five years from the buyer’s acquisition of ownership. A special feature of Czech law is that these five years do not expire automatically. The court will deny the buyer’s right only if the seller expressly pleads that the period has lapsed. If the seller does not raise this objection, the buyer’s claim continues to exist.
By when a defect must be reported
Yes, the buyer must notify the seller of a discovered defect without unnecessary delay as soon as the defect is discovered. For hidden defects, an outer limit of five years from acquisition of ownership also applies. A buyer who misses the timely notice may be denied his right by the court, provided that the seller pleads this failure.
How far a liability exclusion reaches
Yes, but only if the buyer expressly and in writing waives his defect rights in the contract, or if the concrete defects are disclosed to him. The mere clause bought as inspected is not sufficient for a house or an apartment, because it is legally ineffective.
When the exclusion does not hold
Exclusion or waiver has no effect if the seller fraudulently concealed a defect, meaning the seller knew or should have known of the defect and failed to disclose it. In that case the seller cannot rely on late notice or on waiver, and the buyer must prove the seller’s knowledge and concealment.
What you can claim
This depends on whether the defect constitutes a material or an immaterial breach of contract. For a material breach, the buyer may choose between cure by repair or replacement, a reasonable price reduction, or withdrawal from the contract. For an immaterial breach, only cure or price reduction are available, and damages are additionally possible.
Basis: Zákon č. 89/2012 Sb. (občanský zákoník), § 2129 odst. 1 (Sonderregel Immobilien), Grundregeln § 2099 ff. und § 2100; § 2112 odst. 1 občanského zákoníku („bez zbytečného odkladu“), äußere Frist § 2129 odst. 1 (5 Jahre). Am 29.07.2026 gegengeprüft an epravo.cz, dem tschechischen Fachportal für Rechtspraxis; bestätigt wurden die fünf Jahre ab Eigentumserwerb, die Rüge ohne unnötigen Aufschub, der Einwendungscharakter der Frist und der Wegfall beider Einwendungen bei Kenntnis oder Kennenmüssen des Verkäufers.. Last checked against the legal text: 2026-08-19.
Hungary
How long the seller remains liable
For a used property, the buyer may still assert claims for hidden defects for five years after handover, after which they expire. The general period of one year does not apply to real estate. Two points are often misunderstood. First, these five years are a limitation period, elévülés (statutory limitation), and not an exclusion period, jogvesztő (forfeiture of rights), so the rules on the suspension of limitation apply. Second, the seller remains liable even if he did not himself know of the defect; his knowledge matters only for the question of excluding liability.
By when a defect must be reported
The buyer must report a discovered defect without delay. The fixed period of two months applies only to purchases from an entrepreneur; when buying from a private person, only without delay applies. If he reports too late, he does not immediately lose all rights, but is liable for the damage caused by the delay.
How far a liability exclusion reaches
Yes, in a sale between two private persons, liability for defects may be excluded or restricted in the contract, usually by a clause stating that the buyer purchases the property in the condition inspected. If an entrepreneur sells to a consumer, however, such an exclusion is ineffective.
When the exclusion does not hold
The exclusion does not apply if the seller intentionally concealed a defect or deceived the buyer. The buyer must prove that the seller knew of the defect and concealed it.
What you can claim
The buyer may first demand repair or replacement. If that is impossible or unreasonable, he may then demand a price reduction, repair at the seller's expense, or withdrawal from the contract. Withdrawal is not possible for a minor defect, and he may additionally claim damages.
Basis: Ptk. (2013. évi V. törvény) 6:163 § (kellékszavatossági igény elévülése, ingatlan öt év); Ptk. 6:162 § (a hiba közlése: 'késedelem nélkül'. Last checked against the legal text: 2026-08-19.
United Kingdom
How long the seller remains liable
A private seller in England and Wales owes NO general liability for hidden defects. The rule is caveat emptor: the buyer must check for themselves. The only way in is proving the seller lied on the property questionnaire. There is no duty to volunteer anything, but a half-truth is not allowed either: a statement that is accurate on its own but creates a false impression by what it leaves out still counts as a misrepresentation. That questionnaire is therefore where everything turns, and it has just been replaced: since 30 March 2026, solicitors in the Law Society's Conveyancing Quality Scheme (CQS) must use the sixth edition of the TA6 Property Information Form on new instructions. It asks more than the previous edition, and every answer in it can later found a claim for misrepresentation. ON SCOPE: this is the law of England and Wales only. Scotland runs an entirely separate system.
By when a defect must be reported
There is no statutory reporting deadline. A claim for misrepresentation must generally be brought within six years (Limitation Act 1980, sections 2 and 5). Where the seller committed fraud or deliberately concealed something, section 32 postpones the start of that period to the day you discovered it, or could have discovered it with reasonable diligence.
How far a liability exclusion reaches
Exclusion is the default, because under caveat emptor you already bear the defects yourself. A clause that tries to exclude liability for misrepresentation too only works if it is fair and reasonable.
When the exclusion does not hold
The seller loses that protection if they knowingly gave a false answer on the property questionnaire (TA6) or concealed something material. You have to prove the statement was false, that you relied on it, and that they knew.
What you can claim
Once misrepresentation is proven: rescission of the contract and damages. The court can also award damages alone instead of rescission. There is no sequence with a right to cure first, unlike in Germany.
Basis: Caveat emptor (common law); Misrepresentation Act 1967, section 2; Limitation Act 1980, sections 2, 5 and 32. Last checked against the legal text: 2026-08-17.
Cyprus
How long the seller remains liable
Cyprus follows the principle of caveat emptor (let the buyer beware), rooted in English law. After handover, a private seller is fundamentally NOT liable for concealed defects such as moisture, cracks, or hidden construction faults. There is no statutory liability for defects in a property sale and no duty of disclosure on the seller. The buyer bears the burden of inspection and must arrange for the property to be examined before purchase. Liability arises only where the seller has acted fraudulently or made a misrepresentation. For such contractual and deceit claims, the general limitation period is 6 years, subject to an absolute cap of 10 years.
By when a defect must be reported
There is no statutory notification period or complaint period for concealed defects when purchasing used property from a private individual. Because caveat emptor applies, the buyer must complete all inspections before completion. After purchase, only the general limitation period remains relevant. A claim based on deceit or false statement must ordinarily be brought within 6 years. Where fraudulent concealment or fraud is involved, the period commences only when the buyer discovers the fraud or could have discovered it through reasonable diligence.
How far a liability exclusion reaches
A liability exclusion is practically the standard position, because the law already places the inspection burden on the buyer. Contracts are typically concluded on an as is basis, meaning the property is accepted in the condition in which it was viewed. The buyer obtains protection only by negotiating express warranties and guarantees into the contract. Without such clauses, no statutory warranty exists. The seller is further protected by the rule that rescission is barred if the buyer could have discovered the truth with ordinary care.
When the exclusion does not hold
What remains available to the buyer is protection against fraud and misrepresentation. Fraud includes asserting a fact that the seller does not believe to be true, actively concealing a known circumstance, or any other deceptive conduct. Mere silence is generally not fraud, unless a duty to speak exists. The burden of proof rests on the buyer. He must demonstrate that the seller made a false statement of fact and that this induced him to buy. The exclusion and the diligence rule do not apply where fraud is proved.
What you can claim
Claims exist only on justified grounds, namely fraud, misrepresentation, or breach of an agreed contractual term. In such cases the buyer may rescind the contract and must return any benefits received, or he may claim damages. There is no fixed hierarchy of repair or price reduction as exists in German or Austrian law. A buyer cannot demand repair from a private seller, because no statutory quality warranty exists. Prior to transfer of title, the buyer may also sue for specific performance, provided the stamped purchase contract was deposited in time at the land registry.
Basis: The Contract Law, Cap. 149, Art. 17 (fraud), Art. 18 (misrepresentation), Art. 19 (Vertrag anfechtbar), Gesetzeswortlaut eingesehen (Volltext-Reproduktion Cap. 149, identisch mit dem Indian Contract Act 1872, auf dem Cap. 149 beruht); Keine spezielle Rügefrist im zyprischen Immobilienrecht (ICLG Real Estate Cyprus 2026, no duty of disclosure). Last checked against the legal text: 2026-08-19.
Frequently Asked Questions
Is a viewing enough to spot defects?
For visible defects yes, and that is exactly why the seller usually is not liable for them. The expensive cases are what you cannot see: damp behind cladding, missing permits, a special assessment already decided.
What if the floor area in the contract is wrong?
Whether a discrepancy triggers a claim depends on whether the area was assured or merely described, and how large the gap is. The threshold differs by country.
Can I still back out after signing?
Only within narrow limits. That is why every check belongs before the signature, and why a gap between the draft and the notarisation is worth more than any assurance given afterwards.
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