Seller's Liability: Discovering Hidden Defects

Questioner

What does the following article from the purchase agreement mean for the seller's liability and in particular for visible and invisible defects: The immovable property will be transferred to the buyer in ownership and in the condition in which it is at the time of conclusion of this purchase agreement, with all associated rights and claims, visible and invisible defects, prevailing easements and qualitative rights, and free from mortgages, attachments and registrations thereof.

Lawyer

That you take the house as in the condition as you buy it incl. defects and easements etc. and free of any mortgages, attachments etc. In itself a standard clause. However, I have my doubts about the defects? It should not be the case that with this clause you try to exclude the liability of the selling party regarding invisible defects. This is not allowed. If there are invisible defects that the selling party has not mentioned, then he is liable for them for up to five years afterwards. It is therefore very important to have the house inspected in advance to prevent a pig in a poke.