Liability for Hidden Defects | Legal Aid

Questioner

The buyers of our previous house indicate that there are hidden defects. They indicate that they have to refill the central heating boiler weekly. We had this problem at the time and had a specialist look at it. He could not find the cause. The central heating boiler was serviced annually. Now it turns out that there is a leak and the central heating has to be replaced. The central heating boiler is 12 years old. To what extent can they hold us liable for this? Furthermore, there seems to be a leak in the meter cupboard. They only now report this more than three months after the transfer. They say that the water is seeping down and that there is rust on the meter cupboard. We also had a leak at the time and then called in the insurance. They sent a specialist and he said that the leak came from outside and not the bathroom. Now, according to them, the meter cupboard needs to be replaced as well as the toilet upstairs. They have not had a structural survey carried out. To what extent can they hold us liable for this? They have also already taken several actions without giving us the opportunity to figure this out and/or resolve it ourselves. Awaiting your advice

Lawyer

From your explanation I gather that there may be non-conformity of the home due to hidden defects. If the purchase agreement is drawn up in accordance with the NVM model, then there is non-conformity, for which you as seller are liable if the defect 1) was already present at the time of purchase, 2) hindered normal use of the home and 3) was not or should not have been known to you. As a seller, you have a duty to report. You should have reported defects that you knew or should have known at the time of purchase. If it is established that you knew or should have known the defects, but did not report this, then you are in breach and are liable in any case. The buyer, on the other hand, also had a duty to investigate. He had to make sure that the house had no defects that could hinder the use of the house in accordance with its intended purpose. Since the buyer did not have a structural investigation carried out, the defects that were already visible or would have come to light during an investigation by an expert are in principle at his expense. The buyer can hold you liable for the defects found, but I believe that you are not liable. The defects were visible at the time of purchase or could at least have been observed by a structural engineer. In my opinion, the buyer has not fulfilled his duty to investigate. Given the age of the central heating boiler, he could also expect that replacement would be necessary in the short term. Furthermore, the buyer must first give you notice of default and the opportunity to investigate the defects and, if necessary, to repair them, before proceeding to repair the defects. This means that you are not in default in any case and are therefore not liable for damages. I am a lawyer specializing in real estate law and regularly handle disputes about hidden defects in purchases. If you have any questions or would like legal assistance in this matter, please feel free to contact me without obligation and free of charge for further consultation.