In recent years, it has become increasingly common to find real estate purchase agreements that stipulate a one-year warranty. While this practice is often presented as a contractual condition, it is concerning when it attempts to convey to the buyer the idea that, once this period has expired, the developer is completely released from liability.
This perception not only creates legal uncertainty, but also ignores a protection that the Dominican legislator established more than a century ago to safeguard those who invest their assets in a building.
Article 1792 of the Civil Code of the Dominican Republic provides that, when a building perishes totally or partially due to a construction defect or a defect in the soil, the architect and the contractor are liable for ten years (ten-year liability).
This ten-year liability that protects purchasers of buildings has its roots in the Napoleonic Code and has remained in force, with more than 140 years of legal recognition in our country.
This demonstrates that the safety of buildings has never been considered a temporary obligation, but a fundamental principle of civil law.
It is important to clarify that this responsibility does not cover minor defects, finishes, or elements subject to normal wear and tear. Its purpose is to address failures that compromise the structural integrity and stability of the work.
Precisely because it is a mechanism for protecting the public interest and the safety of people, its scope cannot be left to the discretion of the parties through a simple contractual clause.
Therefore, when a contract seeks to limit to one year a liability that the law establishes for ten years with respect to the cases contemplated in article 1792 of the Civil Code, we must ask ourselves: can a contract reduce a right that the law expressly recognizes to the buyer?
From a legal perspective, the answer must be analyzed with caution, but the principle is clear: contractual clauses cannot override legal provisions that protect public policy rights. The will of the parties is limited when it conflicts with mandatory rules established by the legislature.
Buyers have the right to know this reality before signing a contract. For most families, a home represents the most important investment of their lives. That decision should be based not only on trust in the developer, but also on knowledge of the guarantees the law provides.
Similarly, developers should not perceive the ten-year liability as a threat. On the contrary, it serves as an incentive to strengthen quality controls, technical supervision, compliance with building codes, and proper documentation at each stage of construction.
The best way to reduce legal risks is not to limit guarantees through contractual clauses, but to build with the technical rigor that modern engineering demands.
Trust in the real estate market is not built by reducing rights, but by strengthening transparency and compliance with the law.
The development of the sector must be based on safe buildings and balanced contractual relationships, where both developers and buyers know and respect the responsibilities that the Dominican legal system has established to protect the assets and, above all, the lives of people.
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