Buying a house: What to do in case of hidden defects?

Questioner

Hello, We bought a house on October 22nd. During the viewing there were only the details that they told us; the roof had to be replaced and the window frames need replacing. Now after the handover of the keys we immediately started doing some work and discovered that a window at the back of the ground floor is leaking. It is double glazing and there is moisture in it. I already called the estate agent about it and his response was: 'We don't have a pot of money with which we can give you a new window, you bought the house so cheaply that I can't do anything with it. A leaking window only becomes visible after changeable weather so there is a chance that the sellers didn't know either.' We didn't see it, my father went to a viewing with us and he didn't see it either, they didn't tell us and it wasn't in the building technical report. Can we recover this from the sellers as hidden defects?

Lawyer

Dear questioner, Below I will give you general information about hidden defects because your options depend on a number of factors unknown to me. For customized advice, you can contact me directly. Hidden defects are defects that only come to light after delivery. The determining factor is what was agreed in the purchase agreement between buyer and seller. If a warranty provision is included in the agreement, the seller is liable for all hidden defects, provided that it can be said that they hinder normal use as a residential home. If no warranty provision is included in the purchase agreement, the conformity guarantee of article 7:17 BW still applies. On the basis of this, the home must comply with the agreement: if the item does not have the properties that are necessary for normal use, it does not comply with the agreement. A buyer may expect that the home has the properties that are necessary for normal use and the presence of which he did not have to doubt, as well as the properties that are necessary for a special use that is provided for in the agreement. Furthermore, an age clause may be included in the purchase agreement that limits the rights of the buyer. The seller of a home is obliged to report defects in the home that impede normal use of the home, so that the buyer can take the defects into account when making his purchase decision. This is called the seller's duty to inform. This is in contrast to the buyer's duty to investigate. After all, the buyer is also obliged to actively inform himself about the condition of the home. This could include, for example, calling in an expert to draw up a building report. If a hidden defect is present (see the requirements above), the buyer can hold the seller liable for the costs that the seller must incur to remedy the hidden defects on the basis of article 7:17 BW. The seller is liable for these costs if it has been established that he was or should have been aware of the defect and subsequently failed to inform the buyer of its existence. Furthermore, the seller is only liable if the hidden defect impedes normal use of the home. Furthermore, the other party must be notified in a timely manner. In case law, this is assumed to be a maximum of two months after discovery. Finally, it must also be determined whether the buyer has fulfilled his duty to investigate. After all, if the buyer could have noticed the hidden defect when viewing the property, there is no longer a hidden defect.