Who is liable for hidden defects in a home?

Questioner

On 29-04-22 we received the key to our home. We started working hard and as of 26-08-22 we officially live there. As the summer went by and the weather deteriorated, no fewer than 3 leaks appeared in our roof. It turns out that the beam under the gutter is rotten on both sides of the house. Several people in our area say that these are hidden defects. We have approached the seller in writing and explained the situation. He believes that he is not liable for this, because he claims that he knew nothing about the leaks. He also states that we should have had a building inspection done. We did not do this, but it remains a very strange fact that we live there for 2 months, the weather gets bad and 3 leaks appear, which the seller, who has lived there for 17 years, never noticed. Judging by the rottenness of the beams, the leak has been there for years. This feels like a very unfair situation. Our question is, what steps can we take and how strong are we legally?

Lawyer

Good afternoon, Unfortunately, it often happens that defects are only noticed after the sale. The rule is that everyone bears their own damage, unless there is reason to recover it from someone else. The seller can be held liable, but it must be demonstrated that the seller omitted this information, while he should have mentioned it when selling the house. It is not always easy to prove this. The buyer has a duty to investigate, and the seller also has a duty to report. All circumstances play a role in assessing whether the seller can be held liable. It is also important to assess what is included in the purchase agreement, but also what else has been agreed upon and what the nature of the defect is. An expert should usually look at it in order to be able to assess it properly. Feel free to contact us without obligation to discuss your case further. Kind regards, Silvienne Leito FerLei Legal 06-49175526