Liability for hidden defects | Legal aid centre

Questioner

On January 4th we bought a house, according to the description on funda in good condition. We did not do an official building inspection but went through it with a contractor. We did find some overdue maintenance but no serious problems. Now that the ceilings in the attic have been removed and I have completely rotted the roof of the dormer window due to leakage. Can we still hold the seller liable for this, is this a hidden defect?

Lawyer

You can use BW 7 15 The seller is obliged to transfer ownership of the item sold free of all special charges and restrictions, with the exception of those which the buyer has expressly accepted. Notwithstanding any provision to the contrary, the seller guarantees the absence of charges and restrictions arising from facts that are capable of being registered in the public registers but were not registered therein at the time the agreement was concluded. This is considered a hidden defect. With BW 7 article 15 it is not permitted. You can hold the seller liable. Feel free to email me. I will compose the first letter for you free of charge.