Legal Advice for Purchasing Problems in Almere

Questioner

Last October we bought a house in Almere Poort. When we first moved in we noticed that the mechanical ventilation system was quite noisy. For that reason the previous residents always had the ventilation system off (plug out of socket). We always put the system on the 'away from home position' and completely off at night. It was also always very humid in the house and all the smells lingered. Last week we decided to have someone look at it, that is to say; clean it and replace the bearings. When this gentleman came by he saw that there was a much bigger problem!! Namely where the air normally has to go outside there was a closing cap. He solved this by sawing off a piece of the pipe on the left and bringing it to the right with a flexible adapter pipe. But of course you understand that this is a very big mistake and can cause a lot of damage. Not only has the house not been ventilated for 7 years (!), but it is also not good for your health. I hope that the house has not suffered too much damage from all the moisture in the house. In the beginning we had mold in the bathroom and this has also been an attack on our walls. The guarantee has already expired, and we do not know to what extent the previous occupants were aware of this. Can we do anything about this? We have contacted the contractor, but he is making a complete fool of us.

Lawyer

It seems to me that the contractor has made a serious mistake. Modern, well-insulated new-build homes cannot really do without properly functioning mechanical ventilation. In legal terms, it is therefore useful to report this error with the necessary documentation (for example, a report of the findings of the gentleman/company who/that solved the problem)/send a notice of default to both the contractor and the party from whom you bought the house. This with a view to possible damage in the future. However, I fear that your current damage will no longer be recoverable. I understand from your question that you did not first inform the contractor or seller of the defect and give them a period for repair. You yourself had everything resolved immediately, so that the costs of this will remain at your expense.