Bathroom renovation costs stories? Get free advice!

Questioner

We bought our current, seemingly good, home a year and a half ago. It now appears that there is a leak in the bathroom, probably due to poor installation work. The bathroom was installed by the previous occupant himself 4 years ago. Can we somehow recover the costs for renovating the bathroom? The insurance does not cover the damage.

Lawyer

That could be possible, depending on what you can prove. But I can only inform you in general now because I do not know a number of aspects. Hidden defects are defects that only come to light after delivery. What is decisive is then first what was agreed in the purchase agreement between buyer and seller. 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. Furthermore, an age clause may be included in the purchase agreement that limits the rights of the buyer. The seller of a home is obliged to report defects in the home that impede 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. 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, notification to the other party must be made in a timely manner. In case law, a maximum of two months after discovery is assumed. This is my specialization and I would be happy to help you with this. Please feel free to contact me without obligation.

Lawyer

You can only hold the seller liable if you have discovered the cause of the leak. If it is due to a faulty construction, you can hold the seller liable if you can prove that the seller is responsible for it. If the seller has no part in the occurrence of the damage, he can still be liable, namely if the leakage is so bad that you cannot actually use the home normally. The main rule when using an NVM purchase agreement (I assume that this model was used for the purchase agreement) is that you are responsible for all defects (Article 5.1). However, the seller is obliged to guarantee the normal use of the home (Article 5.3).

Lawyer

Thank you for your question. The standard NVM Purchase Agreement includes a standard provision that the seller guarantees that the home has no defects that would prevent normal use of the home. More specifically, the seller is liable for defects that already existed at the time of purchase, that prevent normal use of the home and that were not apparent to the buyer or could not have been discovered during the inspection. This must therefore concern a serious hidden defect that prevents the home, in this case the bathroom, from being used normally. If these conditions are met in the present case, the seller can be held liable for the defects. It is important to report the defects to the seller promptly after discovery and, as soon as it is known exactly what is wrong, to summon the seller to remedy the defects, failing which you can do this yourself and recover the costs from the seller. In the case of serious defects, the purchase agreement can even be (partially) dissolved.