Liability when buying an apartment
Questioner
My son bought an apartment 3 months ago. At the meeting it now appears that there are problems with the foundation and facades. This problem has been known for 6 years but we have not been informed about it. The cost of repairs is estimated at 6 tons and there is 3 tons in the pot. If we had known this, we would not have bought this apartment. Can we hold the previous owner liable and what are our further options?Lawyer
The seller has probably violated his duty to speak and that offers you (your son) possibilities in terms of liability and compensation and/or termination or annulment of the agreement. But as a buyer, one also has a duty to provide information, including inquiring about defects and problems, requesting minutes, etc. Furthermore, what is stated in the purchase agreement can be decisive. The entire file will therefore have to be studied in order to determine the legal position. For this purpose, you can contact one of the lawyers here directly without obligation, e.g. via the link 'direct contact' that you see - if you are logged in - with this answer.Lawyer
Dear questioner, this is a problem that the buyer cannot easily solve (required) research beforehand could have determined the purchase itself. The question is whether the seller had been aware of this or the legal construction can be assumed that he should have been aware and should have informed your son, this is called mutual error. This problem calls for a more thorough legal investigation into whether the agreement can be founded on the grounds of non-conformity or error.Lawyer
You indicated that the problem has been known for 6 years, so that Mrs Martens's statements regarding mutual error do not hold. According to your description, only your son (possibly) could have been in error.Lawyer
Dear questioner, the problem is/was known to the VVE, the question now is indeed whether the construction is possible that the seller should have known this information and should have made it known to your son. In the weakest form, this leads to mutual error, stronger form primary default/non-conformity or unilateral error on the part of the buyer, your son. In other words, the addition of Mrs. Doomernik may also be correct.Lawyer
Advice 1: Complain in writing immediately, so that you are not too late and can prove it. Advice 2: This should have been reported. You can choose between fully or partially cancelling the agreement or claiming damages. Advice 3: Sometimes a mutually acceptable solution can be found through consultation. If consultation does not produce results, quickly engage a lawyer.Neem de volgende stap
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