Legal questions about real estate? Get free advice!

Questioner

After signing the preliminary purchase contract, concrete rot was discovered in the gallery a month later. Who is responsible for this now? Buyer, seller or both.

Lawyer

The most commonly used purchase agreement states that the sold item will be delivered in the condition it is in at the time of signing the purchase contract, including all visible and invisible defects. So in principle, the costs are for the account of the buyer, unless the seller knew that there was concrete rot and concealed this. Now that it concerns an apartment, it is also possible that the VvE asks for an additional contribution. If this additional contribution is due before delivery, it will be borne by the seller; if the additional contribution is due after delivery, it will be borne by the buyer unless the seller was aware of the concrete rot at the time of closing the purchase.

Questioner

Thank you. But now they say that the notary indicates that I cannot deliver as it was purchased. What is the best thing for me to do. They want to make a deal. I have to make an appointment with them. If we cannot make a deal, I can also terminate the contract. Because I cannot go any lower, I have too much debt that I cannot repay.

Lawyer

It is best to contact the notary yourself, you deliver as it was sold; the concrete rot has not been there for a few weeks but was also present when the purchase was concluded, only this was not yet known at that time. If you were not aware of the concrete rot when the purchase was concluded, you deliver as it was sold (based on the standard clause in the purchase contract as described in my first response). Unilateral dissolution is not possible. Closing a deal does not seem to me to be an option. If the buyers want a conversation, I advise you to have this conversation in the presence of the notary.