Warranty in the event of incorrect creation of condominium

Generally, a creation of condominium free of faults in every respect is not the subject of performance of a sales contract with an owner who sells his apartment. The question, if the typical practical problems concerning the effective creation of condominium on ancillary rooms and on accessory are qualified as a defect of title, remains unanswered, because they are in any case covered by the waiver of warranty. For the scope of a generally formulated waiver it is necessary to differentiate between usually required and specifically agreed characteristics. While the first case group is covered by the general waiver, the seller is liable in case he explicitly guarantees certain characteristics he cannot perform. [OGH 16.03.2016, 7 Ob 4/16p]