Legal liability for hidden defects

Questioner

We received the keys to our new house on February 1st. The weekend of 18 Feb we moved and then also showered for the first time. Unfortunately, after showering we found a leak in the hallway, after contacting the selling party they advised that we could have it repaired by the local construction company that also installed the bathroom. The repair has already been carried out, but now the selling party does not want to pay. Are we liable for this, do we have to pay these costs or does this fall under hidden defects?

Lawyer

Assuming that it is a major leak and that the leak was not visible, then there is a hidden defect. But if the seller is not a professional seller, then you can only hold the seller liable if he is acting in bad faith. So if he knew or should have known that there was a leak and did not report it. Simply put, you must be able to demonstrate that the seller camouflaged the leak in order to hold him liable. It is also possible that you can demonstrate that the seller said that you could have it repaired at their expense. In that case, you have entered into a further agreement and you can rely on that

Lawyer

The problem in this case is that in the case of non-conformity as in this case, the selling party must first be put in default and must have been given the opportunity to repair the leak. Because there was only telephone contact, it will be difficult to prove that: 1- the seller has been put in default 2- the opportunity has been given to have the repair carried out 3- that it was agreed that he would bear the costs of the repair. Some of this can perhaps be reconstructed from later correspondence. Success