House purchase contract – the story of Mrs. Hana

We recently dealt with a rather sad story of our client, Mrs. Hanna. Ms. Hana made a fundamental mistake, she did not have her solicitor review the property purchase agreement in advance.

Kupní smlouva na dům - příběh paní Hany
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Our property contract inspection service usually costs around one to two per cent of the purchase price of the property, we are personally liable to you for the work we do and we are insured against our own errors.

Mrs Hannah’s whole problem was about damp rising from the foundations of the house. Mrs Hannah had made the purchase of the house conditional on the seller remedying the defects at his expense. However, she had forgotten the most important thing, she had not checked whether this obligation of the seller was actually covered in the purchase contract.

All the documentation for the purchase of the house was prepared for Ms Hanna by the real estate agency. In fact, the real estate agent had assured her orally on several occasions that the legal documentation contained everything she needed and that the purchase of the house was “completely safe” for her and that she only had to “sign”. This was not the case, as Hana found out when she took possession of the house after the purchase and demanded in vain that the seller fulfil what he had promised. That is to say, to waterproof the place where the water had risen at his own expense.

Real Estate Purchase or Sale

We provide a complete package of legal services related to real estate sales and purchases, including reservation contracts and escrow services. We will also help you with all tax and land registry issues. Our work is fast and accurate, ensuring a worry-free transaction. You’re also welcome to pay after services are provided.

Ms Hana turned to us to enforce her claim against the seller. When we made a written demand on behalf of Mrs Hana that the seller fulfil what he had promised, the seller simply stated dryly that he could not remember any such agreement. Moreover, the purchase contract contained a clause that Mrs. Hana was buying the house without any defects and that she had seen this on the spot. We also contacted the real estate agent, who, however, did not want to admit his mistake and his representative only stubbornly repeated that the broker had not made any mistake and that the purchase contract contained everything necessary. There was no written documentation, only verbal agreements.

In such a situation, we could not advise Ms. Hana to pursue her claim against the seller in court, because she would not be able to prove this, she would lose the lawsuit and she would also bear the costs of the court proceedings.

This left only the aftertaste, the increased cost of acquiring the property and also a lesson for Ms Hana in that if someone is buying property and investing their living costs, they should have their contract documentation checked by a solicitor who only works for them.

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Real Estate Purchase or Sale

We provide a complete package of legal services related to real estate sales and purchases, including reservation contracts and escrow services. We will also help you with all tax and land registry issues. Our work is fast and accurate, ensuring a worry-free transaction. You’re also welcome to pay after services are provided.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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