Many buyers assume that once they receive the keys, all responsibility automatically shifts to them. In reality, the situation is different.
Under § 218 of the Estonian Law of Obligations Act, the seller is also liable for defects that already existed at the time the property was handed over — even if those defects only become apparent later.
In a real estate sale, the seller’s liability generally lasts for three years. If a defect appears within the first six months, it is presumed that the defect already existed at the time of handover.
Example:
A buyer lives in a house for 2.5 years and discovers dry rot under the floor during renovation works. An expert assessment confirms that the damage was already there before the purchase. In that case, the two-month notification period starts from the moment the buyer became aware of the defect — even if several years have passed since the transaction.
How can a buyer protect themselves?
– Inspect the property thoroughly before buying
– Ask precise and direct questions about the condition of the property
– Review all available documents and technical information
– If necessary, involve a specialist before making the purchase
– Keep in mind that not every problem becomes visible during the first visit
How can a seller protect themselves?
– Disclose all known defects honestly and clearly before the transaction
– Record important details in writing
– Avoid vague wording or hiding issues that may later lead to disputes
– If needed, include relevant explanations in the notarial agreement or related documentation
The most important thing is transparency.
The clearer both parties are before the transaction, the lower the risk of disputes later.