Does warranty apply?

Why a private sale can also become a trap

Especially in the real estate sector, comprehensive advice is recommended - a purchase contract from the Internet costs nothing, but rarely fits. And remember: most templates are based on German law!

(Bild: stock.adobe.com)

Not all sales contracts are the same. Problems can arise, especially among consumers, if the car is no longer roadworthy or there is a lien on the bathing hut. Two Carinthian lawyers explain what you need to bear in mind in our Check your rights series.

Did you know, for example, that consumers also have warranty rights? Or where you can currently save on real estate? The Carinthian lawyers Florina Ozegovic and Bernhard Fink provide answers to such questions.

Krone: Why do I need a lawyer for a purchase contract - it only costs money!
Lawyers Florina Ozegovic and Bernhard Fink: The conclusion of a purchase contract is often associated with numerous accompanying circumstances that are not considered by laypersons - such as payment of the purchase price, liens, rights of way. The factual and legal situation needs to be discussed and the wishes of all parties need to be checked to see if they are legally compatible.

Every month, the "Krone" and the Carinthian Bar Association offer a reader service on a controversial topic.

(Bild: Krone Kreativ)

For a car sale, however, a template from the Internet will suffice!
Legal framework conditions must also be observed here! In any case, it should be agreed exactly what equipment the vehicle has, for example whether there is previous damage or modifications requiring approval and whether a 57a sticker is available.

Is there a warranty for a private sale?
A warranty exclusion must also be agreed in a contract between consumers - otherwise a warranty right applies here!

Is a verbal purchase contract actually valid?
Basically yes, but there is the question of provability - and there are legal exceptions.

What is the legal term?

Temporary exemption from fees in the case of an urgent need to live: This provides an exemption from the high fees for the registration of ownership rights and liens up to an assessment basis of 500,000 euros until June 30, 2026. The need for housing must be proven primarily by means of a main residence registration.

Owner or proprietor? Is there a difference? - Yes, there is! An owner is someone who has the actual power of disposal over a property and wants to keep it for themselves. The owner, on the other hand, has the right to do what he wants with his property. Example: The thief of a painting from a museum is the owner at the moment, but it does not belong to him, as the museum is still the owner!

As the seller of a property, when can I expect to receive the purchase price in my account?
Payment is recommended when the buyer's property is registered in the land register.

I have bought an apartment - but it is still not in the land register!
Have all the approvals been obtained, for example from the land transfer authority? The processing times at the court where the land register application has to be submitted can vary enormously - even lawyers have no influence on this.

All my money is at stake in a real estate deal. How can I be sure that nothing will go wrong?
All real estate transactions must be carried out in accordance with the statutes of the Carinthian Bar Association. Transfers may only be made to accounts that have been specified in the instructions. We also have our own fidelity insurance.