Liability in home sales: What to do?

Questioner

4 years ago I sold a house. The buyer at the time waived a structural survey despite the fact that he found the maintenance level mediocre. Now there is a registered letter from the buyer's lawyer in which he holds me liable for a subsidence of an added part of the house. Recent structural research shows that the outbuilding is founded on slab, while in the eyes of the buyer and his structural advisor it should have been founded on piles. At the time of sale there were no defects or anything that could indicate subsidence. The outbuilding was also not built by me, but was already there when I bought it 8 years earlier. The outbuilding is a legal structure and tested by the municipality against the standards that were applicable at the time. Can I reject liability? Which arguments are most decisive/convincing in this regard? Duty to investigate? Failure to carry out construction research? Limitation period? etc.?

Lawyer

The buyer will have to provide a basis for liability; if he can substantiate that you must have been aware of the subsidence and that you concealed it and perhaps masked it, he can hold you liable for breaching your duty to disclose. On the other hand, the buyer has a duty to investigate. If he cannot prove that you must have been aware of this, he will base the liability on a hidden defect. At least if the subsidence was not visible during construction, because if it was visible, there is no question of a hidden (invisible) defect and the buyer could have seen it and he can no longer hold you liable for it. The text of the purchase agreement also plays a role in any liability for a hidden defect; for example, was there an age clause included in the purchase agreement and what could the buyer expect based on the content of the purchase agreement. The fact that the buyer did not have an investigation carried out and therefore violated his duty to investigate also plays a role. The fact that the buyer only comes up with this after four years can also work to your advantage. However, there is no question of limitation yet. As a lawyer, I specialize in real estate law; purchase and sale of real estate, default and non-conformity and hidden defects are of course included. I use a free introductory meeting so that if you want, we can discuss the possibilities without obligation.