Legal Advice on Liability after Home Sale

Questioner

A friend of mine sold his house and the buyer had new radiators and pipes installed because the old installation showed rust spots here and there, which was noticeable when viewing the house. A sewage company also discovered that a tree root had grown into the pipe. The buyer now holds me liable for the total costs of approximately €8,000.00 and threatens to take legal action if I do not pay. I would like to receive your advice on how to deal with this.

Lawyer

The buyer has a duty of investigation at the time of purchase, so that further investigation is necessary in case of doubt. The seller is not liable for visible defects and defects of which the buyer is aware or should have been aware, such as during the inspection for the installation, unless the seller has deliberately concealed defects. I advise you to inform the buyer in writing that you are not liable for the costs. For more information, you can contact me without obligation and free of charge.

Lawyer

How exactly is the liability statement described? Based on your report, it appears that there were rust spots here and there on the radiators. That does not seem to me to be a defect. As for the roots: whose tree is it? Assuming that the tree is yours and is on your former land, it also seems to me that there is no defect. How old is the house? How old is the tree? Are these indications that roots are growing further into the ground?

Lawyer

I understand that this does not concern the home of a friend of yours but a home that you sold, otherwise I do not understand why you would be held liable. What is important is what is stated in the (preliminary) purchase agreement about (hidden) defects. If you can provide me with the text of the purchase agreement, I can help you further.