Legal assistance for hidden defects

Questioner

I sold my house almost 4 years ago. Now I am being asked to pay money for having concrete rot repaired, or hidden defects. 14 years ago we had the house inspected for this and there was no concrete rot at the time. We received a guarantee certificate for this with a validity of 10 years. I gave this to the buyer and have also been open about this. Can this buyer come back to this after almost 4 years?

Lawyer

There are several things of importance here. The buyer must make his complaint known 'within a reasonable time'. What is important is: since when has the buyer known about new concrete rot. If he does not complain 'within a reasonable time', the buyer forfeits his rights. After the complaint has been made known, a limitation period starts to run. If the buyer does not start proceedings within two years after the complaint, his claim is time-barred. If the buyer complained in time and started a procedure in time, a substantive assessment will follow. In your case, the question is whether there is a hidden defect. You had the house inspected for concrete rot yourself. There was apparently a reason for that. That inspection had a guarantee period of 10 years. That period had (almost) expired at the time of sale. You informed the buyer about the inspection. You could argue: you have fulfilled your duty to inform and the seller should have had the house inspected again for this potential defect, certainly after your information. Now that the buyer has failed to do so, he has not fulfilled his duty to investigate. In addition, he was made aware of this potential defect and it was not 'hidden' within the meaning of the Act. This is of course not a complete analysis. If it were to come to a lawsuit, all the factual circumstances are important. They could therefore also lead to a different judgment. If you require further information, please contact me via the 'direct contact' button

Lawyer

A good and clear analysis by Mr Zijlmans.