Liability for hidden defects - Legal Advice

Questioner

In November 2014 we had a building report drawn up by a building consultant for a house that we wanted to buy. The selling party was present at this inspection and did not report any defects. According to the report, no major costs emerged and we bought the house in December 2014. At the end of January 2015, upon close inspection, it turned out that there was a lot of wood rot in the overhang (extension of the roof) in the large support beams, roof boarding, other woodwork ...... According to the selling party, it was last painted 4 years ago, according to tenants who had occupied the house for a while before we bought it, it was painted about 1.5 years ago. These appear to be hidden defects, after all, it looked neatly painted. But the building consultant has also been asleep....he did not see anything, not even that repairs had been carried out before. Who do I hold liable? Both parties at the same time, can I contest this?

Lawyer

In this, both parties have partially failed, as the building expert should have noticed this during his inspection. If the previous owner was aware of this and did not inform you, he is also liable for the damage you suffer from this. You must give these parties written notice of default.

Questioner

Thanks for the response. If I then put them in default in writing (by letter or email)......what is the follow-up action?

Lawyer

I advise you to seek legal assistance in any case, as these are often difficult matters concerning the burden of proof. It must be clearly demonstrable that the seller was aware of this when he sold the house. If this was the case, you can give him the opportunity to rectify this.