Liability after purchase agreement: what now?

Questioner

Just before Christmas we signed a purchase agreement for a house. The house will be transferred at the end of February. After getting to know the downstairs neighbor, it turns out that the selling party has issued a statement stating that the repair of the joints in the rear facade is entirely at our expense and not for the VvE. Because they did not participate in the maintenance in the past. They failed to report this to us. We would like to hold them accountable. We think at least half of those costs because the VvE consists of 2 homes. Should we report this now to the sellers/notary? Or should we wait until the transfer at the notary, or even after?

Lawyer

I advise you to report this now to the seller and the notary in case you are obliged to pay the costs of the pointing. However, I would also like to point out that the declaration according to the apartment law only applies between the downstairs neighbour and the seller and therefore cannot work against you. The arrangement is namely in conflict with the provisions in the division deed and division regulations, which state that the costs of the maintenance of the common parts are for the account of the joint owners. The seller is/was therefore obliged to contribute to this. Reasonably, the costs of this should be deducted from the purchase price.