Stories of hidden defects after purchasing a home

Questioner

We bought a house four months ago and moved in last week. It turns out that the window downstairs is leaking and is already getting gray. Can we recover this from the previous owner?

Lawyer

Legally speaking, there may be a hidden defect (and you may be able to recover this), but many aspects play a role in this. Hidden defects are defects that only come to light after delivery. What is agreed in the purchase agreement is decisive first. If a warranty provision is included in the agreement, the seller is liable for all hidden defects, provided that it can be said that they hinder normal use as a residential home. If no warranty provision is included in the purchase agreement, the conformity guarantee of article 7:17 BW still applies. On the basis of this, the home must comply with the agreement: if the item does not have the properties that are necessary for normal use, it does not comply with the agreement. A buyer may expect that the home has the properties that are necessary for normal use and the presence of which he did not have to doubt, as well as the properties that are necessary for a special use that is provided for in the agreement. The seller of a home is obliged to report defects in the home/environment that hinder the normal use of the home, so that the buyer can take the defects into account when making his purchase decision. This is called the seller's duty of disclosure. On the other hand, there is the buyer's duty to investigate. After all, the buyer is also obliged to actively inform himself about the condition of the house and circumstances such as neighbours. For example, this could involve hiring an expert to draw up a building report. Therefore, it must also be determined whether the buyer has fulfilled his duty to investigate. After all, if the buyer could have noticed the hidden defect when viewing the house, there is no longer a hidden defect. If a hidden defect is present (see the requirements above), the buyer can hold the seller liable on the basis of article 7:17 BW for the costs that the seller must incur to remedy the hidden defects. The seller is liable for these costs if it is established that he was or should have been aware of it and subsequently failed to inform the buyer of its existence. Furthermore, the seller is only liable if the hidden defect prevents normal use of the home. Furthermore, the seller must be notified in a timely manner. In case law, a maximum of two months after discovery is assumed.

Lawyer

In addition to the valuable information from my colleague, I would like to report that the aforementioned complaint period of 2 months is not rock solid. There is case law that points in that direction, but the Supreme Court repeatedly emphasizes that ALL circumstances of the case must be taken into account and that there is no fixed period, so: complain in writing as soon as possible and do not wonder whether you are still on time, you can always do that later. If you only recently discovered the problems, it may be arguable that the complaint period only started running from that date.