Seller's Liability for Concealed Defects

Questioner

We recently bought a house. The previous occupant had a cupboard built in the living room up to the ceiling. When removing this cupboard, it turned out that there was damage to the ceiling and wall due to an old leak. This leak was not mentioned on the questionnaire (the answer was simply no to the question whether there had been a leak). The seller now claims that it does not have to be reported because the leak itself was fixed almost 5 years ago. We call it a concealed defect, a defect that we would have liked to have investigated further before we made an offer. The ceiling needs to be re-plastered and the plaster on the wall is partly coming loose due to the moisture (old moisture). Can we still do something about this?

Lawyer

To the extent that you have fulfilled your duty of investigation, you can hold the seller liable if he has violated his duty to report. The seller should have informed you of the damage. Depending on the purchase contract, the seller can also be held liable if the defects prevent normal use. This is less the case for the cabinet. The seller's reasoning for not reporting the damage due to the 5-year term is not so important in this case. The fact is that the seller should have informed you about this. You can therefore also hold the seller in default regarding the damage and still demand repair. If you cannot reach an agreement, please contact us immediately.