Legal questions about selling a home? Get free advice!


Questioner

11 years ago I sold a house including a carport and veranda. Now I am summoned to pay the costs of an environmental permit including the architect costs (together € 1250,-). This because the new buyer demands this. The carport was placed without a permit at the time. Can the buyer of 11 years ago still appeal to a shortcoming of that time. He saw what he bought and did not investigate it. His purchasing agent did not respond to this either.

Lawyer

It depends on how you sold the house, moreover it may be that the carport is now permitted, the law has changed considerably. I would not pay without further ado, and certainly appeal to prescription and/or legal processing as well.

Questioner

I mentioned an extra large carport in the sales brochure. I also made inquiries with the municipality before construction, submitting a drawing. According to the official, no permit or notification was required. I did adjust the carport slightly (made it larger, because I thought that no permit was required). I did submit the drawing that I submitted to the buyer so that he could see that it had been deviated from. I also indicated that I would not go to the municipality again to ask whether a permit was now required. Because the carport does not have right angles (90 degrees), the m2 surface area is more difficult to calculate. The new buyer did do this and arrived at 24 m2, for which a permit is required. The second buyer also demanded this, which is why the first buyer wants to recover this from me.

Lawyer

Then I understand the problem, however, the first buyer could have carried out the investigation that the second buyer did. By failing to do so, the claim for non-conformity has expired. I advise you to get some legal assistance in this case because provisions and conditions from the purchase agreement could also apply.

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