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.