Roof leak new resident, hidden defect

Questioner

I am a new resident of a house since 27/7/2023. In between accepting my offer and handing over the keys, the previous resident had admitted that the roof was leaking. They would repair it, and that was indeed done (I have an invoice for it), but the repair was not done properly. In October, after the 2 heavy storms, the roof started leaking again but in several places. My roofer made a report of all the repairs that need to be done. The most urgent and main point is/was the smoke exhaust (non-fireplace) chimney, which is shared with the neighbors. The water gets stuck and cannot drain properly along the dormer, which is now also leaking. XYZ dormer can only come by mid-January after contacting several times to schedule an appointment. Dormer is almost new and still under warranty, so 3rd party work on it will stop the warranty. I had an inspection master come (and paid for it) for the key handover with the real estate agent present. He went up the roof with a telescopic mirror from the window and approved it within 1 minute (it is in his report). My insurance does nothing about it, not even the new damage inside (mold, rotten wood/plasterboard/paint/stairs) because it is a construction error. The previous occupant is aware of it and finds it terrible, but they do not want to spend too much on their old house, given the amount for their repair. This has not been confirmed, but my feeling. There are clearly more details, photos, films, documents, but this is to ask for your help and advice. I am a single mother and have just moved here. Very intense. Thank you in advance for your attention.

Lawyer

It is very unfortunate to hear that you are in this unpleasant situation. When buying a house, defects can be present, which in purchase agreements fall under the heading of 'hidden defects'. This term means that the buyer was not aware of the defect at the time of purchase and did not have to be. If the roof was actually repaired before the handover of the keys, as agreed, but this was not done adequately, it can be seen as a hidden defect. This is certainly the case if the seller knew about this defect but did not report it. It is important that the defect could not have been found with normal research, such as a building inspection. It may be advisable to seek legal assistance to investigate the possibilities of recourse against the seller or possibly the real estate agent or building expert who carried out the inspection. Depending on the circumstances, it is possible to file a claim for repair or compensation. In addition, I advise you to discuss the situation with the dormer window with the party providing the guarantee. It may be useful to check the precise conditions of the guarantee. Please note that this is only an indication based on general principles of Dutch law. The exact possibilities may vary depending on the specific circumstances of the case. It is advisable to engage a lawyer or legal expert to guide you further in this situation. As a single mother, you may be entitled to subsidized legal aid. This is determined by your income. More information about this can be found via the Legal Aid Board.' --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.