Grundstückskauf und Gewährleistungsausschluss

The publication draws attention to the need to regulate liability for material defects when purchasing property. The buyer's warranty rights are regularly excluded in the property purchase contract. The buyer can acquire a worthless property due to a material defect without being able to take recourse against his contractual partner. Furthermore, he does not always have the necessary repair costs at his disposal. An economic threat to the buyer's existence is pre-programmed by the exclusion of warranty. The author analyses this exclusion of warranty from a historical, legal and economic perspective. He presents possible solutions for a more efficient and fair distribution of risk.