Liability for Hidden Defects


Questioner

Hello, On December 1, 2014, I bought a house. I had a building surveyor do a preliminary investigation. I discovered myself while measuring the house (before I had signed) that there was a puddle of water on the ground in the conservatory. We asked the real estate agent whether there was a leak. He replied that there was no leak. It was supposed to be moisture. Last week we discovered that the conservatory was indeed leaking. This happened when I went to clean the conservatory and the water ran in through the cracks. We had previously assumed that it was a moisture problem. As a result, we cannot use the conservatory properly. The wooden table has already suffered water damage. Can we hold the seller liable for the damage? And is this a hidden defect? Yours sincerely

Lawyer

It seems that there is a hidden defect. But the question is whether you can hold the seller liable for this. The question is what was stipulated in the purchase agreement. In addition, you had a structural survey done and it is unclear why this defect was not discovered at the time. You also indicate that you assumed in advance, i.e. before the purchase, that there was a moisture problem. That may indicate that you were aware that there was a problem. You could of course try to hold the sellers liable and, depending on their response, see what further action you can take.

Lawyer

There may be non-conformity of the home. If the purchase agreement is drawn up in accordance with the NVM model, then there is non-conformity if the defect 1) was already present at the time of purchase, 2) hindered normal use of the home and 3) was not or should not have been known to you. If it is established that the seller knew or should have known of the defect, but did not report it, then he is in breach and is liable in any case. It cannot be ruled out that the expert you engaged should have discovered the defect, so I cannot say with certainty whether you should have known about the defect. However, based on the seriousness and nature of the defect, it can also be maintained that the seller must have been aware of it, but (consciously) concealed it. This is his fault. On this basis, he can then be held liable. It is now important to report the defect to the seller/service broker as soon as possible and request that it be repaired. If the seller fails to do so, you can repair the defect yourself (or have it repaired) and claim the costs from the seller, or at least partially dissolve or annul the purchase due to error. As far as the latter is concerned, you have been misled about the cause of the puddle of water by an intentionally or unintentionally incorrect statement from the broker, which means that you can argue that you were mistaken about the quality of the conservatory. As a lawyer, I specialise in real estate law and regularly handle disputes about hidden defects in purchases. If you have any questions or would like legal assistance in this matter, please feel free to contact me for further consultation, free of charge and without obligation.

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