Real estate · Czechia and Slovakia
Property defects and withdrawal from the agreement
Damp walls, an undisclosed conversion, unauthorised construction or an unmentioned encumbrance. Property defects may entitle you to rectification, a purchase-price reduction, damages and, in serious cases, withdrawal from the agreement. Prompt action and proper notification matter. We represent buyers asserting claims and sellers defending excessive demands.
- Lawyer registered with the Czech and Slovak Bar Associations
- For buyers and sellers
- Prices agreed in advance
What we'll do for you
Deadlines and evidence are decisive: when you discovered the defect, when you notified it and what the seller knew. We start with the timeline and build claims that stand up in court.
Select an item to see the details.
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Claim assessment
From the agreement, advertisement and property condition, we determine the type of defect (obvious, hidden or legal), the available claims and applicable deadlines.
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Defect notification
We notify the seller correctly in law — the content and form determine whether the claims survive.
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Negotiating a remedy
We negotiate rectification, a purchase-price reduction or other compensation. Most cases are resolved without court proceedings.
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Withdrawal
For material defects, we prepare withdrawal and settlement: return of the price against return of the property, including Land Register entries.
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Court proceedings
If agreement is impossible, we bring the claims in court, with expert evidence and a realistic advance estimate of costs.
Deliverabledefect claims asserted, from notification and a price reduction to withdrawal and representation in a dispute
How it works
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- Assessmentday 0
We review the agreement, defects and timeline and explain your claims, deadlines and prospects.
- Notice and demand
We notify the defects and demand a specific remedy from the seller.
- Negotiation
We negotiate a reduction, repair or withdrawal, focusing on a prompt solution.
- Litigation if necessary
We pursue unresolved claims in court and conduct the proceedings through to the outcome.
No-obligation enquiry
Ready to start?
Send us an enquiry. We usually reply within 24 hours with a price confirmation and next steps. The first 30-minute consultation is free and commits you to nothing.
- 1Send your enquiry via this form
- 2Usually within 24 h you get a price confirmation and plan
- 3We start work only after your approval
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What clients ask
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What remedies do I have for a hidden defect?
It depends on the applicable legal regime and the nature of the defect. In a Slovak civil-law sale, a defect discovered subsequently and not disclosed by the seller gives the buyer a right to a reasonable price reduction. Withdrawal is available in particular where the defect renders the property unusable or the seller's assurance about its characteristics or freedom from defects proves untrue (§ 597 of the Civil Code). Concealment of just any defect is not sufficient by itself for withdrawal. We assess rectification, damages and claims arising from a Czech purchase under the applicable regime and agreement.
By when must I notify defects?
Without undue delay after discovering them, and statutory claim periods are limited. The exact calculation depends on the defect type and whether the seller knew about it. We assess the timeline first and base the approach on it. Defects should not wait.
The seller says I saw the property and bought it. Is that right?
For obvious defects visible at the viewing, the seller's position is stronger. Hidden defects and those actively concealed or covered up remain the seller's responsibility, and as-is clauses do not automatically protect against concealed defects. Evidence of the condition and the seller's knowledge is decisive.
Is an expert report worthwhile?
For substantial defects, usually yes. A report establishes their extent and cause and strengthens negotiations. We help commission it to answer legally significant questions as well as technical ones.
How much does pursuing defect claims cost?
Assessment and a demand are a limited initial task; litigation depends on the claim value. We proceed in stages with prices agreed in advance, and if you succeed in court, the other party generally pays the costs.
Legal Q&A
Common questions on this topic
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Defects appeared after I bought the property. What can I claim from the seller?
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.
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We bought a property “as is”. Can we still claim for defects?
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.
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We want to withdraw from the purchase of a house because of a serious defect. How is the money returned and what happens in the cadastre?
You may withdraw for a defect if the defect renders the house unusable, or if the seller’s assurance about its qualities has proved untrue. A valid withdrawal cancels the agreement from the outset, the seller returns the purchase price and you return the house. The cadastre records the seller as owner again by a declaratory record, provided the withdrawal is not disputed; if the seller challenges it, ownership will be decided by a court.
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Further reading
Buying an older family house: what the agreement should say about the condition of the house, defects and the seller’s declarations
An older house carries no developer’s warranty, and what can later be claimed for is determined above all by the sale agreement. We explain how to describe the condition of the house and its known defects, what declarations the seller should give, and why a truthful description protects both parties.
Read more →
Latent defects in property in Slovakia and in Czechia: time limits, claims and the differences that matter
Buying a flat or house across the border brings a regime of defects different from the one the buyer is used to. We compare which law governs the assessment of defects, by when they must be notified and what can be claimed from the seller in Slovakia and in Czechia.
Read more →
The lawyer in a transaction brokered by an estate agency: whom do they work for and what follows from that
The agent recommends a lawyer who prepares the contracts for both seller and buyer, and the agency pays them a retainer. Whose interests does the lawyer then protect, what may they tell the agent, and what happens if the parties fall out? We explain what the Act on Advocacy says and how to set the arrangement up so that everyone can trust it.
Read more →