Development contract and liability for defects
IN development contracts you can find provisions regarding the developer’s liability for defects facilities or building.
– These are provisions that limit or even exclude the promoter’s liability towards the consumer.– explains Paulina Szeremeta in an interview with Gazeta Prawna, legal consultant at the law firm K&L Legal Granat i Wspólnicy.
As the lawyer points out, they most often concern provisions that exclude the right to terminate the contract in the event of significant disclosures. defects real estate.
– The provisions may also exclude the promoter’s liability by significantly limiting the possibility of making claims regarding revealed defects, for example by shortening the warranty period or selectively specifying the defects that the promoter is obliged to remove. – explains lawyer Szeremeta.
Wash your hands – no liability for property defects
The list of unfair terms maintained by the President of the Office for Competition and Consumer Protection (UOKiK) also includes provisions relating to the promoter’s liability for defects facilities or building.
– The following provision was entered under number 1418: “The parties acknowledge that the defects identified in the acceptance report exhaust all defects in the installations. The purchaser may not demand the repair of defects that are not included in the report, unless such defects constitute hidden defects in the installations.” – says lawyer Szeremeta.
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What is a development agreement?
AgreementDevelopment is one of the most frequently concluded contracts. Its definition is contained in the Law of May 20, 2021 on the protection of the rights of the purchaser of a residential property or house and of the developer’s guarantee fund. According to the content of art. 5, point 6 of the previous law, it constitutes “an agreement concluded between the buyer and the developer, under which the developer undertakes to construct a building and establish separate ownership of the residential premises and to transfer the ownership of such premises and the necessary rights to use this property to the buyer or to develop the land constituting the object of ownership or perpetual usufruct of single-family housing and to transfer to the buyer the ownership of such property or perpetual usufruct of land and the ownership of single-family housing built on it constituting an independent property or transfer of a fractional share of the ownership of this property together with the right to exclusive use of the part of the property intended for the satisfaction of housing needs, with the buyer undertaking to make a monetary payment for the acquisition of the property. that right.
