Liability for hidden defects in a home

Questioner

Shortly after the transfer of my home (last April 14) I came across a defect in the central heating boiler in my new home. This was coincidentally discovered by a friend of mine who is a boiler fitter by profession. The previous residents say: -----reaction For us, the defect you have noticed in the central heating is completely new. Therefore, it does not fall under the chapter 'hidden defects'. When you purchased the house, you had the opportunity to have a building inspection carried out. You bought an existing house in the state and condition as the house was on the date of the notarial delivery. We will therefore not proceed to reimburse the amount you proposed. -------end response I do not agree with the email from the previous owners and they do not provide any well-founded arguments. Firstly, the purchase agreement states that the house must be able to function as a 'residential home'. I want to use the attic as a hobby room. At the moment, this is not possible due to the amount of carbon monoxide that is released when the heating is turned on. This has been measured by a certified boiler fitter (my friend). Secondly, even if the previous owners were not aware of this defect, they are still liable. It is very likely that this defect was already present before the transfer (the defect was discovered a week after the transfer and in the meantime the heating had not been turned on). Thirdly, the previous owners indicate that I could have seen it coming by having a building inspection done. I did not do this, because I had no reason to have this done, the house is not even 10 years old and the data also showed that there have been no major defects in the house to date. During the final inspection it was also stated that the boiler had been checked in the past year, I trusted this information. In addition, a building inspection is not done by a boiler fitter, so this defect could still have been overlooked. All in all, I still hold the previous owners liable for the costs of repairing my boiler. My question: Am I even entitled to get the costs back from the previous residents? Can I claim this from “hidden defects” so that the costs are passed on to the previous residents? What steps can I take?

Lawyer

A home has a hidden defect if there is carbon monoxide due to a poorly functioning boiler, in which case there can even be an acute danger. When purchasing a home, there is indeed an investigation and information obligation that works as communicating vessels. If the seller states to you, for example by issuing a report, that the boiler works and has been checked recently, you do not need to have an investigation carried out afterwards. In this case, in my opinion, there is in any case a hidden defect and at least error on both sides. (In that case, the outcome will be that all parties must bear half of the damage.) Reason to still start negotiations, stating that there is non-conformity and general liability and from there see whether the parties can and want to make concessions.