Liability for Hidden Defects

Questioner

On June 1st we received the keys to our new house. Then we discovered a leak in the sewer. More problems arose. We had an inspection report made of the sewer. It showed that there were 3 leaks and sewer pipes had been laid 'properly' with tape and stones. We have reported this back as a hidden defect to the broker and the selling party. However, they deny everything and say that we ourselves have damaged the sewerage. The selling party therefore does not want to go along with the hidden defect while the inspection report clearly showed defects and the seller should have been aware of this. Also because he replaced the bathroom and kitchen during the time he lived there, after which adjustments to the sewerage were necessary. The sewerage must be completely replaced, which amounts to around 1700 euros in total. How strong are we if we continue this to a case? Kind regards

Lawyer

If the seller knew about this problem, he should have reported it. Since he didn't do that, he is in principle liable for the damage. The question is whether you shouldn't have discovered it during your investigation.

Lawyer

This depends on what is included in the purchase agreement. If an NVM purchase agreement has been used, the seller is in principle not liable for hidden defects, unless he was aware of them. However, the NVM purchase agreement does include the seller guaranteeing that the property sold has the properties that are required for normal use as a home. If there is serious leakage, you can hold the seller liable on the basis of this provision, unless this is excluded by an age clause. The question cannot be answered completely without having taken note of the purchase agreement. If you contact me directly, I will look at the purchase agreement without obligation to assess what your rights are.

Questioner

It is a standard purchase agreement without an extra clause added. The seller has signed that he did not know that there were properties that could hinder normal use of a home. However, this is the case.

Lawyer

Then I would definitely contact the seller. The seller is liable if there is a property that makes normal use as a home impossible, which is more serious than 'hindering'. This will have to be demonstrated in any proceedings. In most cases, a proper liability claim is sufficient and it will not lead to proceedings. If desired, I can take care of the liability claim for you (please contact me directly if you wish to make use of this).