6. What is the guarantee, what does it cover and how long does it last?
6. What is the guarantee, what does it cover and how long does it last?
The guarantee (PL: ‘rękojmia’) is the statutory liability for physical defects of the real estate that rests on the developer towards the buyer. For properties built after December 25th, 2014, the guarantee takes 5 years, and for earlier built estates its 3 years.
Physical defects are situations when the subject of the contract:
– does not have properties that this type of property should have due to the purpose specified in the contract or resulting from the circumstances or destination – e.g. the premises intended for living have inadequate thermal insulation, which causes a significant drop in temperature,
– it does not have properties about which the seller has ensured the buyer – e.g. in terms of sound insulation,
– it is not suitable for the purpose about which the buyer informed the seller when concluding the contract, and the seller did not raise any objections to such a purpose – e.g. the premises was agreed to be arranged for a recording studio,
– has been delivered to the buyer in an incomplete state – e.g. missing parts of the real estate covered by the contract.