Liability for Hidden Defects - Legal Aid

Questioner

My cousin bought a house in The Hague The transfer took place this week. Now it turns out that the extension is detached, it leaks, everything was covered with roofing so the seller must have known this, but did not report it. The bathroom is also in that extension and then a wall is completely detached and is not waterproof. The notary advises to hold the seller liable for hidden defects. No building report has been made. Can you help me get this on track? Thank you in advance

Lawyer

As a buyer, your cousin has a duty to investigate and the seller has a duty to inform. In principle, the seller can be held liable for the defects if he knew about them and also if they hinder normal use (depending on the purchase contract). In principle, your cousin should have had a thorough investigation carried out before the seller can be held liable, especially since no building report has been drawn up. You can put the seller in default, taking everything into account, to repair the defects within a reasonable period.

Lawyer

I can of course help your cousin with this. However, I would like to point out to him that as a buyer he had a duty to investigate and in that context he would have been wise to carry out a structural survey. Defects that were visible at the time of the purchase or would have come to light during a structural survey are the buyer's responsibility. The seller can now easily argue against your cousin that he did not fulfil his duty to investigate by not carrying out a structural survey and that the (hidden) defects that were found would certainly have been found, so that he cannot be held liable for the defect. Defects that the seller knew or should have known, but did not report at the time of the purchase, are the responsibility of the seller, who has then breached his duty to disclose. At this stage, a written notice of default and a demand to remedy the defects found must be sent to the other party. If desired, I am happy to draft such a letter for your nephew and to assist him further in this matter. If you have any questions or if your nephew requires legal assistance, please contact me without obligation and free of charge to discuss what I can do for him.

Lawyer

How did the defect, the defects, come to light? By demolishing? Because the above duty of investigation does not go that far and certainly not if certain promises were made on the part of the seller on which the buyer could rely.

Questioner

Yes, my cousin wanted to remove wallpaper etc. And then he discovered that a wall was loose and there was leaking everywhere.

Questioner

I just got a call from my cousin. They contacted the seller. He came to take a look straight away and admitted that he had put the roof covering on because he had a leak, but he thought that would solve the problem. Now my cousin and his family have to move out of their own house at the end of next week, so they have now agreed to move in a week To get together again. The proposal so far is that the costs to be incurred will be shared. But that remains to be seen

Lawyer

Did that old wallpaper show no signs of leakage? Which does not mean that the buyer is suddenly liable for this damage. If it was really deliberately concealed, something could be done about it, at least try to shift some of the damage, perhaps even all of it.

Questioner

Thank you for all the advice. They came to an agreement. The costs are shared.

Lawyer

That's good to hear!

Lawyer

It's also nice that you let us know! Glad it's solved..