Generally, yes. Under the law and case law, an “as is” clause applies to assets transferred as a whole without individual specification. A house or apartment is individually identified in the purchase agreement, so such a clause does not exclude the seller’s liability for hidden defects. Claims for concealed defects and false assurances about properties remain available. If the seller was acting as a business and you bought as a consumer, the clause does not stand at all. Speed matters: rights concerning hidden defects expire if you do not notify the defect within 24 months of handover.
The “as is” clause is popular in property purchase agreements and overestimated by both sides. Sellers trust it as a shield against every future complaint, while buyers often give up unnecessarily. The law and case law say otherwise.
What the clause actually does in law
The Civil Code (Act No. 40/1964 Zb.) connects this clause with transferring assets as a whole:
Unofficial English translation:
If an asset is transferred as it stands and lies, the transferor is not liable for its defects unless it lacks a characteristic which the transferor declared it had or which the transferee expressly stipulated.
A collection of assets is transferred as a whole without distinguishing them, for example “all the furnishings of the house, as is”. A house or apartment in a purchase agreement is the opposite: an individually specified asset identified by parcel, building registration number and title sheet. In a dispute concerning a hidden defect in an asset sold “as is”, the courts rejected the seller’s Section 501 defence precisely because the clause conflicted with the individually specified asset. The Slovak Supreme Court rejected the seller’s appeal on points of law (Case No. 7Cdo/279/2021).
What the clause can never override
Even if the clause were effective, it would not override liability for defects the seller concealed:
Unofficial English translation:
If a defect later comes to light which the seller did not disclose to the buyer, the buyer is entitled to a reasonable reduction of the agreed price corresponding to the nature and extent of the defect; if the defect makes the asset unusable, the buyer is also entitled to withdraw from the agreement.
Withdrawal is also possible if the seller’s assurance about the asset proves false, for example an assurance that the roof does not leak (Section 597(2)). Conversely, claims cannot be made for obvious defects or defects ascertainable from the property records, unless the seller expressly assured the buyer that the asset was free of all defects (Section 500(1)). We discuss what the records reveal in what a title sheet can tell you.
Did you buy from a business?
If a trader — a developer, property investor or property dealer — sold the property and you bought as a consumer, it is a consumer contract (Section 52 of the Civil Code). Contractual terms cannot depart from the law to the consumer’s detriment, and consumers cannot waive their rights in advance (Section 54(1)). A clause depriving the consumer of defect claims is therefore ineffective against them.
What to do when a defect appears
The deadline is crucial: rights arising from liability for hidden property defects expire unless you notify the seller without undue delay, and no later than 24 months after handover (Section 599). Give notice in writing with proof of delivery, a description of the defect and photographs. We discuss the individual remedies — price reduction, withdrawal and damages — in property defects after purchase.
How we can help
If a defect has appeared, we assess whether the clause in your agreement is effective at all and which remedy is viable, and prepare a properly substantiated notice through our property defects and withdrawal from the agreement service. If you are still buying, we check wording on the property’s condition through purchase agreement review and guide you through the transaction through our property purchase service.
If the seller presents such a clause, contact us before signing. Negotiating its scope is easier than litigating its validity.
This answer provides general information on the law as at 5 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
