Střet odpovědnosti za faktické vady nemovitosti a odpovědnosti za škodu

This bachelor thesis deals with the relationship between liability for factual defects of real estate and liability for damage arising in connection with the purchase of real estate. The aim of the thesis is to define the boundary between claims arising from defective performance and claims for damages, and to assess when the buyer may have a separate claim for damages in addition to rights arising from defective performance. The thesis is based on the legal regulation contained in the Czech Civil Code, relevant legal literature and selected case law. It first defines the legal framework of real estate purchase, the concept of factual defects and the basic rights arising from defective performance. It then focuses on liability for damage and on the practical relationship between these two legal regimes. The thesis concludes that claims arising from defective performance and claims for damages may be combined only if this does not lead to double compensation for the same harm. Damages therefore cannot be used to circumvent the legal regime of defective performance, especially where the buyer seeks compensation that can be achieved through a price reduction, removal of the defect or withdrawal from the contract.