Correcting the error is usually a priority measure before a price reduction or cancellation of the deal.
As a rule, the buyer has the right to demand from the seller that the error is corrected. If the error cannot be corrected or the correction causes disproportionately high costs compared to the significance of the error for the buyer, the seller has the right to reject the buyer's claim for correction.
The seller has the right to correct the error
The seller has the right to correct the error at his own expense if he promptly offers to do it when the buyer complains about the error. The seller has this right, even if the buyer does not demand the correction of the error, but for example a price reduction or cancellation of the transaction.
The buyer may, for a valid reason, refuse to correct the error
The buyer may refuse the correction for a particularly valid reason. This is, for example, the fact that the correction of the error causes substantial harm, a decrease in the value of the apartment or a risk that the costs incurred by the buyer will not be reimbursed.
If the buyer unreasonably refuses to accept the seller's offer to correct the error, he may lose his right to full compensation for the costs of correcting the error. This is the case if the costs become higher than what they would have been if the seller had corrected the error.
The buyer can fix the urgent problem
However, the seller may not rely on the fact that he has not been given the opportunity to correct the error, if the buyer has corrected the error and, considering the circumstances, it cannot reasonably be expected that he would have been left waiting for correction from the seller. Such situations can be, for example, sudden heat disturbances or water leaks during the weekend.
The error must be corrected within a reasonable time
The seller must correct the error within a reasonable time after the buyer has reported the error.
However, the correction of an error detected before the annual inspection can be postponed until immediately after the annual inspection. The condition is that the inconvenience caused to the buyer by the postponement is minor and there is no special reason why the repair should be started earlier. Typical repairs that are transferred in connection with the annual inspection are, for example, surface defects in materials, such as holes in floor parquet, chipped tiles and scratched door surfaces.
See also
- Housing production document models (for RT members)