Ask your broker to be held liable for delays

Questioner

Good afternoon, We received the key to our first house last September. Now, during the handover of the keys, an inspection report was drawn up, in which it was indicated that our ventilation grille above the balcony door had to be repaired. Within a few weeks, someone from a hired handyman company came to visit us. This gentleman indicated that the grille could no longer be repaired, but had to be completely replaced. The handyman company would pass this on to the real estate agent, who had to make a further decision. Unfortunately, it took until this morning before someone came by to see us for the grid. All measurements were taken and the grid will be ordered today. I have indicated to the real estate agent several times that no one has come by. The real estate agent has passed the order on to the relevant handyman company several times. It was not until early last week that the handyman company took action to send a painter, from yet another company, by. All in all, it has now taken 4 months. When I tell you that we live in a house with a total surface of 36 m2, you can understand that it is very cold with a broken ventilation grille. We have covered the grille with a towel, but this was not enough. A curtain was bought to try to stop the draft. This makes a big difference, but it is still very cold in our house. In our eyes the broker remains at fault here, what can we do about this? Can we hold the broker liable for compensation? Thank you very much for your response.

Lawyer

The broker has been instructed as an intermediary to have the job repaired quickly. In doing so, he is dependent on other parties and it cannot simply be said that he is directly liable for delays. In general, there must be damage that can be attributed to him. From your story, I gather that the repair of the ventilation grille has already taken 4 months, so that this is disproportionate. It may indicate that he has breached his duty of care towards you. Whether that is the case must be assessed on the basis of facts and circumstances. If you wish, you can contact me directly and free of charge for consultation.