REALWorld Law

Sale and purchase

Seller's warranties

What seller's warranties are provided under statute in the sale of real estate in this country (for example, as to the state of the building, asbestos etc)?



Under the Ukrainian Civil Code, the seller is obliged to warn the buyer about any rights of third parties affecting the property (eg rights of tenants, security interests, rights of lifelong use etc).

In the event that a third party brings a claim against the buyer, concerning matters which arose before the sale, the seller must participate in the court hearings on the side of the buyer.

The seller is obliged to transfer the property and to deliver all the related documents (eg the 'technical passport' –- the set of documents containing all the technical information about the premises) to the buyer in accordance with the sale and purchase contract and relevant legislation.

The property that the seller transfers to the buyer must comply with quality requirements. The warranty period in which a claim can be brought is three years unless the contract provides for a longer period.

Generally statutory warranties can be limited by agreement of the parties, although some statutory warranties cannot be changed.