Liability in the sale of a home | Legal aid

Questioner

My mother sold her home over 3.5 years ago. Yesterday, the selling agent contacted me to say that there had recently been a leak in the ridge tiles of the roof of the house that was sold. Investigation had shown that a repair had been carried out in the past which, according to the buyer, was the cause of the recent leak. My mother indicated that ridge tiles had indeed been secured by a company, but that this had happened at least 8 years ago. Until recently, no leaks had occurred. The buyers want to hold my mother liable for the considerable amount of damages and are invoking a hidden defect. They are expected to seek legal assistance. Can you advise me whether there are grounds to reject liability and possibly seek legal assistance myself in the event of a claim for liability?

Lawyer

It is unclear whether there is a hidden defect. Given that it has been 3.5 years since the house was sold and that there were no problems in that time, it seems that there was no defect when the house was sold. If a company carried out a repair eight years ago and it lasted for 8 years, then it can also be concluded on that basis that it is very questionable whether there is a hidden defect. In order to be able to give a good answer, it is important to know what was agreed upon during the sale and what exactly is wrong.

Lawyer

If the home was sold at the time using the standard NVM purchase agreement, your mother is not liable. She was not aware that the repair may have been carried out incorrectly. Furthermore, there is no defect that at the time of transfer prevented the normal use of the home (see article 5.3 of the NVM agreement). Based on article 5.1 of the NVM agreement, the seller is not liable in that case.