Liability for hidden defects

Questioner

On June 1, 2018, we bought a house. We decided not to have an inspection report drawn up because the house had been renovated in all areas over the last 10 years, everything had been renewed and the viewings did not reveal any special features that made us suspicious. Two weeks after handing over the keys, the neighbor alerted me to a huge crack in the outside wall. This crack ran from the carport all the way to the ridge of the house. It is a considerable crack, about a centimeter in size, which has also extended inside. We did notice the cracks from the inside, but the sellers told us that these were hairline cracks in the plasterwork, so no alarm bells for us. We understood from the neighbor that this crack had been there for a while, but in his opinion it was getting bigger (he is a contractor, so I can assume he has an eye for it) Many cracks on the inside of the house were also masked with filler so that they were not visible to us. An extension was added to the house in 2009. The cracks could be related to this. In addition, we were confronted with a leak in the gutter. It drips considerably, which is now also causing paintwork to come loose. This was also not reported to us when selling the house. I have contacted the seller about both defects. He knew nothing about the gutter but was/is prepared to solve this. He was aware of the cracks. He had this investigated a few years ago and according to himself the cracks are harmless. However, he did not mention this when selling. Nor is it mentioned on the NVM list that this was the case. Although I did not have an inspection carried out, to what extent does the duty to report apply in this case and can I hold him liable for the hidden defects?

Lawyer

In principle, the duty to report goes further than the duty to investigate and you were allowed to rely on that. However, if in doubt, you could have had further investigation done. Now that the seller indicates that the cracks are harmless and often appeared to be masked, further investigation would not have been necessary. If the (NVM) contract does not stipulate anything about the seller's liability, he can be held liable on the basis of your explanation. He will then have to prove the opposite. I advise you to hold him liable. If you cannot reach an agreement, I would be happy to look at your case.

Lawyer

In addition to Biharie's answer: the crack that the neighbor pointed out is, as I understand it, visible on the outside of the house. If defects are clearly visible, the seller has no duty to report; this is the case for concealed or camouflaged cracks, but not for visible cracks.