Liability for hidden defects | Legal aid centre

Questioner

In September 2015 we signed a sales agreement for our previous home. The actual transfer took place at the end of January. Now the sink in the kitchen drained more slowly 'occasionally'. The water never stood still. Some time ago we were told that the toilet was filling up and no longer draining, and that the water was also remaining in the sink in the kitchen. A drain cleaning company came and checked with a spring whether it was blocked. It stopped after about 5 meters. The municipality has done research to see if the municipality should solve it or if it belongs to the house. Now it belongs to the house. We are now being held liable because it falls under hidden defects. Is this allowed in this way and is this according to the steps? All companies have been involved without any form of consultation (only notification)

Lawyer

The buyer may rely on the hidden defect after the purchase. The question here is whether you knew or could have known about the hidden defect and whether it is a serious defect. I don't think the latter is the case. Given the fact that the buyer has a duty to investigate and you as a seller have a duty to report defects, it should also be asked whether the buyer has done sufficient research, possibly by means of a structural survey. You will have to demonstrate that you were not aware of the defect. This largely depends on what has been agreed (contractually) between the parties. For further assistance, you can also contact me directly and free of charge.

Lawyer

Based on article 5.1 of the NVM purchase agreement, all risks of the home are for you. In article 5.3, the seller only guarantees the presence of the properties that are necessary for normal use as a home. At the time of the purchase agreement, there was no major problem. Apparently, the problem has become more serious in the course of this year. That happened after the transfer. If you want to recover the costs of the unblocking from the seller, you must demonstrate that the defect was already present at the time of the sale. That seems difficult to prove to me, because the problem was not as bad as it is now. The problem has therefore worsened. The cost of unblocking is a maximum of a few hundred euros. It is probably root growth or another blockage, by milling away the blockage the problem is solved. If another problem is found, for example an incomplete or completely subsided sewer, something else is going on: you will then be faced with high repair costs. If you can then demonstrate that the problem was already there at the time of the sale, you can probably recover the repair costs from the seller. A properly functioning sewer is essential for the normal use of a home. If a problem that was already there at the time of the sale now causes these types of blockages, it is conceivable that the sellers are liable for solving the problem.