Quality guarantee for real estate
The reason for the amendment of the legal regulation of the guarantee was mainly the inconsistency and duplication of its regulation. The legislator therefore proceeded to abolish the general legal regulation of the guarantee and at the same time clarified the specific regulation of the guarantee in the case of a purchase contract. It now applies (mutatis mutandis) also to contractual types other than the contract of sale. In addition to the above, we would like to remind you that the concept of the so-called statutory guarantee has been abolished at the same time (see the article "Statutory guarantee for real estate ends?").
Amendment to the Civil Code
What is a guarantee and what is its meaning in real estate?
A guarantee is a declaration by the guarantor (in particular the seller, but also a third party - for example, a real estate agent) that it undertakes to provide the buyer with a certain performance if the property does not have certain characteristics. A warranty is a voluntary undertaking by its provider and should be distinguished from statutory liability for defects.
- In the case of (statutory) liability for defects, the defect must already exist at the time of the so-called transfer of risk to the property. It is advisable to expressly stipulate this moment in the contract. The buyer must therefore prove that the item was already defective at this point in time (e.g. as a result of the poor quality material used).
- In the case of a (voluntary) warranty, it is sufficient that the defect occurs at any time during the warranty period. However, the buyer has no right under the warranty if the defect is caused by an external event (for example, adverse weather conditions) after the risk of damage to the item has passed to the buyer.
The length of the warranty period depends on the declaration of the warranty provider. The defect covered by the guarantee must be pointed out within the period determined by the length of the guarantee period. The warranty mayinclude, for example, the right to withdraw from the contract, the right to have the item repaired or to provide another service to remedy the unsatisfactory condition of the object of purchase (for example, a discount on the purchase price). The warranty can only be assumed in excess of the buyer's statutory rights under the defective performance in order to avoid misleading customers in this way.
However, due to the voluntary nature of the guarantee, you are more likely to encounter this guarantee in development projects than in ordinary real estate transactions. If you are unsure about anything, please do not hesitate to contact us. We will be happy to help you.
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Disclaimer:
The information contained in this article is for general informational purposes only and is intended to provide basic orientation on the subject matter in accordance with the legal framework as of 2026. While we strive for maximum accuracy, legislation and its interpretation evolve over time. We are ARROWS Law Firm, an entity registered with the Czech Bar Association (our supervisory authority), and for the maximum protection of our clients we carry professional indemnity insurance with a limit of CZK 400,000,000. To verify the current wording of applicable regulations and their impact on your specific situation, please contact the author of this article or another qualified professional.