Legal Advice on Leaks after Transfer of Property

Questioner

In 2011 I bought a house. It was a new-build house that had not yet been sold via an estate agent and the seller was a housing association (standard purchase agreement NVA existing construction). Before the transfer, several defects were discovered, all of which were resolved except for a leak in the roof of the French balcony, which only became apparent in retrospect in February 2014. At the time I could see that a leak had been repaired and so I asked if this was a repaired leak. An agreement was then made that a contractor would be commissioned not only to repair the leak spots better, but also to investigate and repair the leak. I was then told by the man who was sent that no defects had been found in the roof and the leak spots had been roughly finished. So I assumed that there would no longer be any leakage and so I signed for the transfer. After that time I indeed had no more problems with leaks on the French balcony for a long time (a few months). In retrospect, that was due to the fact that it was spring and there was almost no rain anymore. So I was happy that I had no more leaks. Unfortunately, it started leaking in the fall of 2011. I called a plumber myself to investigate the matter, because I could not rule out that something had developed on the roof somewhere. That is why I was also prepared to bear the costs for repair. The plumber could not really find anything on the roof either. After that, however, I have had problems with leaks every fall and winter with heavy showers. I have had plumbers come several times, who again could not find anything on the roof. In the meantime I have become so fed up with it that I have called in a real specialist. And now the cause has finally been found. The lead is not far enough into the facade and is not properly attached. There is polystyrene where lead should be. In very heavy and prolonged rain, the water is therefore not properly drained from the facade and that causes the leak. I now know that this is a construction error, not something that arose later, and I am of the opinion that the cause and consequential damage should be resolved by the seller. My question is of course: How strong am I legally?

Lawyer

Day, I have done three things in the past three months where this was the cause of a serious leak. The question is whether you responded in time each time and/or have already written a notice of liability to the seller?

Questioner

yes, that timely response is also my question. Of course I didn't know what the problem was, so I didn't let the seller know anything all that time. However, as soon as I knew it was due to the lead, I immediately called and emailed them and let them know that they still have to (have) the damage resolved. They have only given me a bit of an answer after months, because they first had their own lawyers look at it and probably hoped that I would give up. Their provisional answer is that they are sticking to a hidden defect and have not neglected their duty to report, because they did not know that the lead was not in place properly. However, they are now looking into whether the builder can still be held liable. I have now let them know that I hope it will work through the builder. I would also think that would be best. But I find the reasoning that they have fulfilled their reporting obligation too easy: there were leaks at the time and they were also ugly. So the defect was anything but hidden. We both knew about the leak.

Lawyer

Day, the seller is appealing to mutual error, but there is also a possible appeal for you to default. I advise you to have a lawyer look at it, you can let me study the documents without obligation.

Lawyer

Under the NVM standard agreement, the seller is not liable for hidden defects, unless there is a defect that is so serious that the home is now or will soon no longer be suitable for use as a home. Although it is a very annoying defect, there is no question of a defect that is so serious that use as a home is no longer possible now or in the near future. There is also no question of concealment (the seller himself did not know about the defect) and the seller has not said or guaranteed that no leaks will occur in the future. Unfortunately, there is a good chance that you will have to pay for the defect yourself.