The examination of the business being sold, known as due diligence, is a process that is consistently followed in transactions. In this way, the interested party receives information about the business and any problems it may be facing. Furthermore, the gathered information forms the basis for the formation of the contract and the allocation of the seller's liability.

The subject of the study is the analysis of the issues that arise during the conduct of due diligence. Firstly, due diligence is investigated as a means of fulfilling the disclosure obligations of the seller, according to Article 197 of the Civil Code. Here, the conditions under which the disclosure of problems occurs are sought, especially through access to organized databases, and how the actions of the buyer influence the flow of information. Then, issues of seller liability are examined. First, due diligence is related to the provisions of the sale, with the main one being Article 537 of the Civil Code, so the consequences of the knowledge gained by the buyer through due diligence on their rights are determined. Subsequently, the typical clauses that are incorporated into the contract as a result of the conduct of due diligence are presented, which either regulate issues of seller liability or define the information that was granted.