Liability for Hidden Defects | Legal Aid

Questioner

My daughter bought an existing home in Cuijk. Everything has been checked before purchase. The meter cupboard was also checked and the separately required groups for the washing machine and other equipment were neatly coded. Now later after the purchase problems arise. After calling in an expert who went to measure the installation, it turns out that the codes are incorrect and the installation is unsafe because it has been extensively rebuilt in an unprofessional manner. My question is whether the seller can be held liable for this on the basis of a reporting obligation; he must have known this. Awaiting your reply I remain..

Lawyer

This is a hidden defect that you could not see during the sale. If the previous owner was aware of this and deliberately left it behind and therefore did not inform you, he is in default. If it can be demonstrated that the previous owner was aware of this, he can be held liable for the damage that you suffer as a result. Please note that these defects must be reported to the selling party in writing as soon as possible. If you require further assistance or advice, we can assist you.

Lawyer

If you purchased the property using the standard NVM purchase agreement, the following applies. Article 5.1 of the NVM purchase agreement stipulates that the home is transferred including all hidden defects. However, from article 5.3 of the NVM purchase agreement it follows that the buyer is responsible for (i.e. guarantees) the normal use of the home. If the installation is so unsafe that the home cannot be used 'normally' (i.e. safely), and reinstalling the installation is therefore necessary, you can hold the seller liable for the costs of adjustment. For the sake of completeness, I advise you to give the seller the opportunity to remedy the defect within a certain, reasonable period (for example: two weeks), so that you do not have a discussion later about whether you are entitled to compensation. The law stipulates that if you do not give the seller this opportunity, you may no longer be entitled to compensation. The case law is somewhat divided on this, but it is of course best to avoid the discussion altogether.

Questioner

Thank you very much for the answers. Clear and informative for taking any next steps.