Under Romania's Law 193/2000, an abusive clause in a consumer contract does not produce effects on the buyer, and the contract continues without it if it can (Art. 6).
Unusual standard clauses, such as liability limits, unilateral termination or choice of court, have effect only if you accept them expressly in writing.
A reservation for a future home may not exceed 5% of the price or last more than 60 days, on pain of absolute nullity (Law 169/2026, Art. 422(9)).
Unfair clauses in a developer contract: the short answer
When a private buyer signs a standard contract prepared by a developer, Romania's Law 193/2000 on abusive clauses applies. A clause that was not negotiated directly with the buyer is abusive if it creates, against the requirements of good faith, a significant imbalance between the parties' rights and obligations, to the buyer's detriment (Art. 4(1)). An abusive clause does not produce effects on the consumer, and the contract continues without it if it can (Art. 6).
The law comes with an annex: a list of clauses considered abusive. Several of them describe, almost word for word, clauses that appear in developer contracts.
In plain words: a clause is not binding just because you signed it. But you do not want to win the argument in court years later. You want it fixed before you sign.
This article covers clauses. What the contract must contain, we set out in our guide to the preliminary contract.
When the law protects you, and when it does not
Three conditions matter:
- You are a consumer. A natural person acting outside a commercial or professional activity (Art. 2(1)). If you buy through a company, Law 193/2000 does not protect you, and you rely on the general Civil Code rules below.
- The clause was not negotiated. A clause in a pre-printed standard contract counts as not negotiated, and if the developer says it was negotiated, the developer has to prove it (Art. 4(2) and (3)).
- It is not the price itself. The law does not judge whether the price is fair, or the definition of what you are buying, as long as those clauses are in plain, intelligible language (Art. 4(6)).
Two Civil Code rules also apply to everyone, consumer or not:
- Unusual standard clauses that limit the drafter's liability, allow it to terminate or suspend unilaterally, cause you to lose rights, set the applicable law or choose the court or arbitration, have effect only if you accept them expressly, in writing (Art. 1203).
- No exclusion for intent or gross fault. Liability for damage caused intentionally or through gross fault cannot be excluded or limited (Art. 1355(1)).
10 clause patterns, tagged
| # | The clause pattern | Tag | Legal basis |
|---|---|---|---|
| 1 | The developer may change materials, finishes or layout at its discretion | Void, unless limited | Law 193/2000, Annex (1)(e) and (a) |
| 2 | The delivery date is "estimated" and can move without limit | Void if open-ended. A defined grace period is negotiable | Annex (1)(e) |
| 3 | You pay a high penalty for late payment, the developer pays little or nothing for late delivery | Void | Annex (1)(i) and (r) |
| 4 | Only the developer may cancel the contract | Void | Annex (1)(s); Civil Code Art. 1203 |
| 5 | Signing the handover report means you accept the home as it is, and the developer alone decides conformity | Void | Annex (1)(f); Civil Code Art. 1708(2) |
| 6 | The developer is not liable for defects, or only up to a small amount | Void for known defects, intent or gross fault | Annex (1)(h); Civil Code Art. 1355 and 1708(2) |
| 7 | The price is indexed to construction costs | Negotiable. Fine if the formula is explicit and you can cancel if the final price is too high | Annex (1)(p) |
| 8 | Disputes go to arbitration, or to a court of the developer's choice | Negotiable. Needs your express written acceptance | Annex (1)(l); Civil Code Art. 1203 |
| 9 | The buyer pays the notary and registration costs | Fine | Civil Code Art. 1666(1) |
| 10 | The actual area may differ by a small percentage, with the price adjusted both ways | Fine if symmetric. Compare with the legal default | Civil Code Art. 1743 |
The clauses, one by one
1. Changes to the specification
The annex treats as abusive a clause that lets the professional change, without your consent, the characteristics of the product (Annex (1)(e)), or change contract terms without a valid reason stated in the contract (Annex (1)(a)). A clause "the developer may replace materials with equivalent ones" is a common way to start. Ask for three limits: equivalent or better, written notice before the change, and your right to refuse or receive a price reduction.
2. The delivery date
The same letter (e) covers the delivery term. A date that the developer can move without limit leaves you with no date at all. Construction delays are real, so a defined grace period is a fair compromise. What is negotiable is how long it is, which events count as force majeure, and what happens after it ends. We cover delay compensation in our article on the handover date clause.
3. One-sided penalties
The annex covers two related situations: a consumer obliged to pay disproportionately large sums for non-performance (Annex (1)(i)), and a professional who may keep your money if you do not complete the contract, without equivalent compensation for you if it fails to perform (Annex (1)(r)). The fair version is a mirror: the same rate, the same cap, in both directions. Separately, a court can reduce a penalty that is manifestly excessive (Civil Code Art. 1541).
4. Cancellation for one side only
A clause that gives the developer a right to cancel unilaterally, without the same right for you, is listed as abusive (Annex (1)(s)). Also, clauses that restrict your right to terminate when the developer has not performed are abusive under Annex (1)(j).
A clause is not binding just because you signed it. But you want it fixed before you sign.
5. The handover report as a waiver
Some contracts say that signing the handover report confirms that the home has no defects. The annex treats as abusive a clause that lets the professional alone determine whether the product conforms to the contract (Annex (1)(f)). Under the Civil Code, a clause removing liability for defects is void for defects the seller knew of or should have known of at the time of the contract (Art. 1708(2)). Our article on warranty and defects in a new home explains what to record at handover.
6. Limits on liability
Excluding or restricting your right to compensation when the developer fails to perform is on the list (Annex (1)(h)). Even outside consumer law, liability for intent or gross fault cannot be excluded (Civil Code Art. 1355(1)).
7. Price indexation
The annex treats a clause allowing price increases without giving you the right to cancel as abusive, but it expressly allows lawful indexation clauses where the method is described explicitly (Annex (1)(p)). What to ask for: a public index, a formula, a cap, and a cancellation right with a full refund if the cap is exceeded.
8. Courts and arbitration
A clause that excludes your right to go to court and requires arbitration is listed (Annex (1)(l)). Clauses choosing the court or the arbitration need your express written acceptance under Article 1203 of the Civil Code. Also, if the contract chooses the law of a non-EU state but the deal is closely connected with Romania, the more favourable Romanian consumer rules still apply (Law 193/2000, Art. 15).
9. Notary and registration costs
Unless agreed otherwise, the costs of concluding the sale are borne by the buyer (Civil Code Art. 1666(1)). A clause stating this is normal. Check what the developer's price includes before you assume these costs are extra.
10. Area tolerance
Under Article 1743 of the Civil Code, where the contract states the area and a price per unit, a smaller area gives you a price reduction, and an excess of more than one twentieth means you pay the difference or can rescind. A clause with a small tolerance and a symmetric price adjustment is fine. A clause where the price only moves up is not.
Where the law is stricter than "abusive"
For homes sold before they are built, the Planning and Construction Code (Law 169/2026) goes further than consumer law. A reservation agreement may last at most 60 days, and the reservation sum may not exceed 5% of the price, on pain of absolute nullity of the agreement (Art. 422(9)). Advances under a preliminary contract go into a separate bank account dedicated to the project, and may be spent only on that project, with set limits (Art. 422(10)). These rules apply whatever the contract says.
Checklist before you sign
- Ask for the full draft in advance. Under Article 5, the developer must give a copy of its standard contract on request.
- Mark every clause from the table above.
- For each "void" clause, ask for it to be removed or rewritten, in writing.
- For each "negotiable" clause, propose a specific wording: a cap, a period, a formula.
- Check that clauses requiring your express acceptance (Art. 1203) are ones you actually accept.
- Have an independent lawyer read the final version. Our company lawyer represents the company only. See how to choose a lawyer.
Frequently asked questions
Is an abusive clause automatically void in Romania?
It does not produce effects on the consumer (Law 193/2000, Art. 6). In a dispute, a court decides whether it is abusive. The rest of the contract continues if it can stand without the clause.
Does Law 193/2000 apply if I buy through a company?
No. It protects consumers, meaning natural persons acting outside a professional activity (Art. 2). A company relies on the general rules of the Civil Code, such as Articles 1203 and 1355.
Can I complain without going to court?
Yes. The National Authority for Consumer Protection (ANPC) checks compliance with the law, on complaint or on its own initiative (Art. 8 and 9). It can ask the court to order the removal of abusive clauses from standard contracts (Art. 12).
The developer says the contract is standard and cannot be changed. Is that true?
A standard contract can be changed by agreement. And the developer's refusal to negotiate is exactly what brings the clause within Law 193/2000, because a non-negotiated clause is the one the law examines.
The bottom line
The law strikes out the worst clauses. Your lawyer's red pen strikes out the rest, before you sign and before you pay.
If you have a developer's draft contract, ours or anyone else's, book a half-hour call with me. We will go through the ten patterns together.
Moti Azulay, Compass Group Romania
Sources: Law 193/2000 on abusive clauses in contracts between professionals and consumers, republished, with annex (text reproduced by InfoCons) · Council Directive 93/13/EEC on unfair terms in consumer contracts (EUR-Lex) · Civil Code, Law 287/2009 (legislatie.just.ro), Art. 1203, 1355, 1541, 1666, 1708 and 1743 · Law 169/2026, Planning and Construction Code, Monitorul Oficial no. 661 of 10.08.2026, Art. 422 · ANPC
This article is for general information only and is not legal, tax or financial advice. The rules are correct as of 22 October 2026. Whether a specific clause is abusive is decided case by case; consult an independent lawyer.
Now you know more.
This article is general information, not legal, tax or financial advice. Consult local professionals before any transaction.
