Bought a house? Advice on hidden defects

Questioner

Four months ago we bought a house. We did not have a building report drawn up. We do have a notification obligation folder from the previous residents stating that there is (or has been) no leakage and that everything else is in good condition. In the bedroom, the previous occupants filled some holes with filler, for example where something had been hanging. Also on the ceiling of the dormer. A hole that is neatly finished with filler, you can barely see it. We have been living there for 4 months now and yesterday water started leaking from that specific hole, along the filler. Someone came by this morning. To have the leak fixed + new roofing we have to pay around 600 euros, since they will be working on it for a whole day according to the plumber (this afternoon another company will come of course so we have something to compare). Bad luck, maybe... But I think the residents did know about it... that the ceiling was a bit flaky due to a previous leak and that they filled it up then. In that case they should have told us. What is our chance if we put them in default without having a building report done ourselves? I read different stories.. one indicates that it is our responsibility without a building report and the other indicates that they are already in default by not reporting it.. And what if we put them in default..? I hear that we have to give them the chance to solve it themselves and that we are not allowed to have it fixed ourselves. I am a little afraid of that because I want this fixed as soon as possible. Who can help us!?

Lawyer

It appears that the previous owner wanted to hide a defect. In that case, the usual hidden defects scheme does not apply. My advice is to have the plumber you want to hire briefly describe the defect in his quotation, to hold the seller liable for the defect in writing and to send the quotation and description of the defect, to give the seller a reasonable period for repair (e.g. 2 weeks). If it is not repaired, have the work carried out in accordance with the quotation (after all, you must prevent further leakage damage). If desired, you can then take legal action against the seller to obtain compensation for damage and repair costs. I would like to point out that given the amount of 600 euros you mentioned, you should be careful not to incur too many legal costs. You may have legal expenses insurance or (part of) the repair costs are covered by your own home insurance.