Liability for hidden defects in your home

Questioner

I bought a house 5 years ago, with a beautifully tiled shower. It was built with a false wall. Now the wall became damp and started to smell musty. So I thought about a leak and replaced the still good looking sealant seams in the shower. When I started on this, a piece of the false wall broke off. I noticed that the plaster wall and the wooden battens were completely wet and rotten. There was no other option than to demolish the entire shower. When the walls were stripped, I saw a spot with wet plaster. Because the walls had to dry before plastering, I wanted to remove that wet plaster spot. What I saw then I was very astonished. I came across a pressurized pipe that had simply been cut off and pinched shut. So there is simply no blindfold mounted on it and it leaks a tiny bit. So I am now seriously affected and have to demolish the entire shower and toilet (which is on the other side of the shower) and rebuild it. My question is whether the previous occupant is liable for this can be held responsible for this gross negligence and the concealment thereof.

Lawyer

You are dealing with two matters that are very important. 1st. You have a complaint period and this means that if you as a buyer discover a (hidden) defect that is so serious that the house does not comply with the purchase agreement, the period within which the buyer must make his complaint known to his seller begins; the complaint period. The question of whether you as a buyer (as stated in the law) have complained “within a reasonable time” about a defect or defects in the house sold, will always have to be answered on a case-by-case basis. 2nd. If you cannot reach an agreement with the seller and decide to go to court, you should take into account that there is a limitation period of two years. This limitation period starts to run as soon as you have complained to the seller about the property. Also plays a role whether the defect is a defect. Now that a pipe has simply been 'cut off', it could also have been done by a third party who installed a shower for the previous owner and then the seller is not aware of this 'defect'. But you could always ask questions. For further information, please feel free to contact me directly.