Legal Q&A · Property Transfer

Defects appeared after I bought the property. What can I claim from the seller?

Law as at 21 July 2026

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

Short answer

If a defect later emerges that the seller did not disclose, you are entitled to a reasonable reduction in the purchase price. If it makes the property unusable, or the seller gave false assurances about its qualities, you may withdraw from the agreement. Speed is crucial: notify the seller without undue delay, and no later than 24 months after taking possession, or your rights expire.

What remedies are available for hidden defects?

Section 597 of the Civil Code governs the seller’s liability for hidden defects. If a defect later emerges that the seller did not disclose, you are entitled to a reasonable reduction in the agreed price, corresponding to the nature and extent of the defect. If it makes the property unusable, you may withdraw from the agreement. You may also withdraw where the seller assured you of particular qualities, such as a leak-free roof or the absence of defects, and the assurance proves false (Section 597(2)). Your right to damages remains available alongside these remedies (Section 600).

Typical disputes concern damp and mould, structural defects, faulty installations, unauthorised construction or undisclosed flooding of the land.

By when must I notify the seller?

You must exercise defect liability rights by notifying the seller without undue delay, and no later than 24 months after taking possession. If the period expires without notification, the rights lapse (Section 599). We recommend written notification with proof of delivery: describe the defect, attach photographs or an expert opinion, and state your requested remedy. Notification precedes any court dispute and is necessary to preserve your defect liability rights.

Also check the purchase agreement. “As is, where is” wording and the scope of the seller’s declarations can significantly affect your position. This is precisely what we assess in a purchase agreement review before signing.

How we proceed

Through our property defects and withdrawal from an agreement service, we assess whether the defect is hidden and which remedy is realistically available, prepare a properly substantiated notice and negotiate a reduction with the seller. Court proceedings are the final step. If you are still buying, thorough due diligence through our property purchase service costs less than any defect dispute.

This answer provides general information on the law as at 21 July 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. What information must an estate agency give a client before an agency agreement is signed? Where the client is a consumer, the estate agency must state clearly before signing what service it provides, who it is, how much the commission will be or how it is calculated, for how long the agreement is concluded and how it can be brought to an end. Where the agreement is signed at a viewing, at the client’s home or at a distance, further information is required, including instructions on withdrawal and a model form, and all the information given becomes part of the agreement. In every case, it is the agency that must prove the client received it.
  2. Our agents work as self-employed contractors. Does the estate agency risk a penalty for illegal employment? Cooperation between an estate agency and agents who are self-employed is lawful if the agent works independently. What matters is how the relationship actually operates: if the agent works in a subordinate position, personally, on the agency’s instructions and in its name, the work is dependent work, and dependent work cannot be performed under a commercial contract. The agency then risks a fine for illegal employment from EUR 4,000, or at least EUR 8,000 where two or more people are concerned at the same time, up to EUR 200,000.
  3. We hold a cooperative apartment as a married couple. Can one of us transfer it without the other? If the right to a tenancy of a cooperative apartment arose during the marriage, the spouses are joint members of the cooperative and both must sign the membership rights transfer agreement. If one spouse held membership before the wedding, that spouse is the sole member, but the apartment is in their joint tenancy and the transfer directly affects the other spouse. It is therefore safe to have both spouses’ signatures on the agreement, including when buying from a married couple.
  4. We have bought a cooperative apartment. Can we require the cooperative to transfer it into our ownership? Yes. A tenant of a cooperative apartment who is a member of the cooperative is entitled to have the apartment transferred into ownership, and the cooperative must conclude an agreement with them within two years of the request; after that period they may apply to the court. The price you pay the cooperative is the outstanding investment loan attributable to the apartment, together with its accessories. You can make the request only once the transfer of membership has taken effect in relation to the cooperative.

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

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