Who is liable for a home leak?


Questioner

Hello, On October 16, 2018, I sold a house. When filling out the purchase contract, I indicated that there was moisture/leakage in the attic due to a loose lead flap at the chimney. I indicated that this would be repaired and that was also done. Now, almost 3 months later, I receive an email from the seller that he discovered a leak while insulating the attic. It is in the same place as where the leak was that was caused by the loose lead flap. Apparently, the lead flap was not repaired properly and it apparently started leaking again. The buyer said that he checked the lead flaps on the chimney via the ladder and that the lead flaps do not fit together and that there was no longer a joint in the highest lead flap. The buyer wants to find a solution, which in fact means that he either wants us to reimburse the full costs or share the costs, but I don't think I did anything wrong. I indicated in advance that there was a leak and that it had been repaired. I could not have known that the buyer would find another leak 3 months later. I cannot see into the future. I repaired the joints and lead flap myself, as that is a job I can easily do myself, and if I understand correctly, the seller of the house is allowed to carry out repairs to the house himself. This does not necessarily have to be done by a third party. The buyer assumed it was done by experts and asked for a warranty receipt so he can contact the insurance company. However, there is no warranty receipt because I did the repair myself. I just wanted to be sure; who is to blame? I properly indicated in advance that there was a leak and that the lead flap would be repaired and it was subsequently repaired. The fact that the buyer is suffering from a leak 3 months later is not my fault. The buyer was made aware of the former leak, there are also traces of it visible in the attic (moisture deposits), but apparently the buyer did not care because he agreed to buy the house anyway. He did not call in a building inspector to have the chimney inspected, and apparently he did not do any research himself. It is (as far as I know) not a broken defect because it was known and the buyer could have seen it himself upon inspection. I also did not conceal anything because I indicated in advance that there was a former leak and that it had been repaired. Who among us is to blame? Kind regards

Lawyer

If the leak was visible during the purchase and you reported it, then that is not a hidden defect. The buyer should have investigated further. Questions? Feel free to ask.

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