Legal Q&A · Property Transfer

We bought a property “as is”. Can we still claim for defects?

Law as at 5 September 2026

Answered by , Czech and Slovak attorney, admitted to the Slovak and Czech Bars (SAK 300422 · ČAK 19654).

Short answer

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.

— Section 501(2) of the Civil Code

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.

— Section 597(1) of the Civil Code

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.

More legal questions

All questions and answers
  1. There is a garage and cellar by the house that are not on the title sheet. Can we sell them with the house? The absence of an entry does not in itself prevent a sale. It is first necessary to determine whether the structure is a separate building, an appurtenance or part of the house, and whether it is subject to registration. The agreement must identify its subject matter with certainty and the seller must prove ownership; Section 30(4)(a) of the Cadastral Act expressly contemplates a document proving an unregistered right. Prior registration may be a prudent course, but it is neither the only lawful option nor a reason to remove the structure from the agreement automatically.
  2. The building manager refuses to issue a no-arrears certificate. Will this stop our flat sale? A certificate from the building manager or the chair of the owners’ association confirming that the owner has no arrears in service charges or contributions to the operation, maintenance and repair fund is a statutory annex to a flat transfer agreement. Without it, the agreement lacks a legally required annex and registration proceedings are usually suspended. An exception applies to the first transfer of ownership of a flat or non-residential premises in the building, such as a developer sale.
  3. A co-owner sold their share to a stranger without offering it to me. What can I do? Breach of a pre-emption right does not itself invalidate the transfer. It is a ground of relative invalidity: the transfer is regarded as valid until the affected person invokes invalidity. Invoking it is a substantive legal act that must be addressed to the parties concerned, not just the land registry. Without that step, the transfer stands even though no offer was made.
  4. I owned an apartment before our wedding. Can it subsequently become part of marital community property? Not merely through an agreement extending marital community property. An agreement under Section 143a governs the regime for future acquisitions; it does not alter existing ownership of an apartment acquired before marriage. Nor will a notarial deed by itself make such an apartment part of marital community property. If one spouse gifts a share to the other, co-ownership in defined shares arises. The appropriate approach depends on whether the objective is joint ownership, protection of investments or inheritance planning.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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