Help with hidden defects after purchasing a home

Questioner

I bought a house and now it turns out that there are several hidden defects, first there was a leaking gutter of which I could show that they were aware of before the transfer, this was immediately addressed and we are now working on a solution to the problem. It seems to have been handled well. But when I removed the ceiling in the extension during the renovation I came across a rotten roof construction through which it was clearly visible that someone had sunk and then covered up the visibility with a piece of roofing felt. Now I hoped again that there would be a good handling like last time but no, I was ignored, they did not even come and have a look and dared to deny the problem from their office and I was pointed to the old age clause that is stated in the purchase contract. What is the feasibility of this case and who is liable?

Lawyer

I should look at the purchase agreement for you but in principle the seller is liable, certainly if you can prove that they knew this but did not tell you. Did you take photos and possibly an expert report? If you want my help you can contact me directly.

Lawyer

Based on the standard NVM purchase agreement, you yourself bear all risks of hidden defects after the transfer (article 5.1). According to article 5.3, however, the seller guarantees the suitability for use as a home. A damaged roof that does not meet the applicable strength requirements is potentially a safety risk that does not meet the requirements of the Building Decree for existing buildings. It is conceivable that this will result in a claim against the seller. In addition, the seller is obliged to inform the buyer of any hidden defects known to him. If he demonstrably conceals this, you can claim a reduction in the purchase price on the grounds of error.