Liability for Hidden Defects House

Questioner

I bought a house in October 2015 and have been living there since June/July 2016 (directly after transfer of ownership). During the current renovation it became apparent that the electrical installation in the meter cupboard had been connected unprofessionally and unsafely, which resulted in a completely new installation (additional costs). In addition, it was found that the connection of the water meter is inaccessible for the utility company because there is a layer of cement in the water well. This was already present before the start of the renovation. The utility company will charge costs for the repair. This repair is necessary in connection with the installation of a new water meter. My question is whether I can hold the previous owner of the house liable for the costs of these matters, as 'hidden defects'?

Lawyer

In response to your question the following; Since it appears that this defect was known to the previous owner, he had a duty to report which was apparently not done. The duty to investigate that you have, is 'slightly' waived because the duty to report takes precedence over the duty to investigate. This also applies if you specifically asked questions about this during the purchase. If you require further information, please feel free to contact me directly.

Lawyer

If you bought the house with the standard NVM deed, article 6.1 (formerly article 5.1) states that the house is transferred with all visible and invisible defects. This provision places all risks for hidden defects with the buyer. Article 6.3 (formerly 5.3) states that the seller guarantees the absence of defects that impede normal use. Defects that were apparent at the time of sale or were communicated to the buyer are also outside the buyer's responsibility. In some contracts an 'age clause' is applied at the end. This clause places the responsibility for all defects, including those that impede normal use, on the buyer. Assuming that you have a standard NVM contract and that there is no age clause, the seller can be held liable: 1. for defects which he has concealed; 2. for defects that hinder normal use as a residence. The seller was of course aware of the water meter well, he has to submit his water meter statement annually and I think this is a shortcoming that he should have avoided. The electrical installation may be a defect for which the seller can be held liable, provided that you can demonstrate that the old installation was so defective that it could not actually be used safely.