Damage due to hidden defect? Get free advice!
Questioner
I have a question about a hidden defect. In April we had a building inspection by VEH for the purchase of a house from the 70s. House after inspection fine on some small points. After the renovation, we moved on June 1st. On June 9th, we suffered terrible water damage from the sewer. This damage was reported to the sellers and the selling agent. They confirmed that it was a hidden defect. At first, the subsided sewer seemed to be the cause. This was repaired at the seller's expense and the entire sewer was flushed. Unfortunately, the bathroom and toilets on the ground floor kept getting clogged and rising. We also reported this to the sellers and the agent. However, due to the busy plumbers, we could only look further after the summer holidays. It now appears that the sewerage underground needs to be completely renewed. Costs around 5000 to 6000 euros. The seller is now invoking the old age clause and says that he has paid the first part as a gesture of goodwill. You understand, I want to hold them liable. Bathroom and toilet downstairs have to be unclogged daily. We don't dare use the bathroom anyway. We had 7700 euros damage to newly laid wooden floor etc., this was paid by our own insurance minus our own risk of 400 euros. What is your advice,Lawyer
You should definitely put the sellers in default and hold them liable for (repair of) the damage. The best thing to do is to then try to reach a settlement with the sellers in mutual consultation. If this does not work, then you can consider what your chances are if legal proceedings are to be instituted. The defects you describe seem to me at first glance to be such that you did not receive what you could have expected, so that any repair thereof (regardless of whether or not they concern hidden defects) should be at the expense of the seller.Lawyer
From your explanation I gather that there may be non-conformity of the home due to a hidden defect. If the purchase agreement has been drawn up in accordance with the NVM model, then there is non-conformity if the defect 1) was already present at the time of purchase, 2) hindered normal use of the home and 3) was not or should not have been apparent to you. The seller has a duty to report. Defects that he knows or should have known at the time of the purchase, he must report. If it is established that the seller knew or should have known the defect, but did not report it, then he is in breach and is liable in any case. However, you also had a duty to investigate. You had to make sure that the home had no defects that could hinder the use of the home in accordance with its intended use. You had a structural investigation carried out, so that you fulfilled your duty to investigate In the present case, it may be a serious defect, of which it is suspected that the seller was aware of the damaging consequences, but probably concealed it from you. In that case, he is liable for the damage, consisting of the costs of repairing the defect. Because older homes often show (invisible) defects, an age clause is included in the purchase agreement to limit the seller's guarantee where it concerns (normal use hindering) defects to the home that have arisen due to age. Adding this clause, if formulated correctly, therefore results in the (normal use hindering) defects that have arisen due to age of the home being at the buyer's risk. Because the old age clause is not a standard provision in, for example, the NVM purchase agreement, it is always added manually. As a result, different old age clauses are often formulated differently in different purchase agreements. Case law also shows that old age clauses are not always formulated very clearly and that this can lead to a lot of discussion between the buyer and seller about who is liable for a specific (old age) defect. In the present case, the question is whether the defect in the sewer is an old age defect and whether it (therefore) falls within the scope of the clause. If the latter is the case, the seller is not liable. It is now important to put the seller in default as soon as possible and to summon him to repair the defect within a reasonable period. If the seller fails to do so, you can repair the defect yourself (or have it repaired) and claim the costs from the seller, or at least partially dissolve or annul the purchase due to error. As far as the latter is concerned, you have been misled about the quality of the home by concealing a known defect, which has caused you to err. As a lawyer, I specialise in real estate law and regularly handle disputes about hidden defects in purchases. If you have any questions or would like legal assistance in this matter, please feel free to contact me without obligation for further consultation.Neem de volgende stap
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