Liability in inherited home: Get advice

Questioner

Inherited a house from my father Now a hidden defect is reported by the buyer. It was reported in the questionnaire for the sale that there had been a leak. This was then repaired. Due to the leak, there is a beam with some wood rot and it can be seen in the sheet material that there had been a leak. I went to look and everything is dry, also according to the broker, who also went to look. The repair was carried out well, after all it no longer leaks and he also does not believe that there is anything wrong with the construction of that beam. (he is also the broker of the buyers) The buyers also have a duty of investigation that they did not use. We were not aware that there was a beam with some wood rot. Are we liable as the buyers claim?

Lawyer

Based on what you say, I think that chance is quite small. I would need to know more details to make a good judgment on this.

Questioner

Good morning What details would you like to know?

Lawyer

I would need to review the underlying documents such as the questionnaire, the purchase agreement and any other documents such as correspondence.

Lawyer

In order to answer your question, it is important to know whether the purchase agreement contains a so-called non-occupancy clause. In the sale of inherited homes, such a provision is common because the selling party cannot be aware of the condition of the home, because he has never lived in it himself. Based on your information, you seem to have sufficiently fulfilled your duty to inform, but the buyer, knowing that there was a leak, failed to investigate the condition of the home himself. The consequences of this should then be at his own expense and risk.

Questioner

There is no clause in the purchase agreement My sister, co-heir, lived with my father