Legal Assistance for Hidden Defects in Houses

Questioner

We sold our old house 9 years ago. Now concrete rot has been found in the floor slabs (also in all houses in the neighborhood!) Now the buyer wants to recover it from us on hidden defects!! We never knew that! What should we do with this?? They say we have to pay €30,000.

Lawyer

The Civil Code stipulates (pursuant to article 7:17) that an item must conform to the agreement upon delivery. The item – for example a house – does not conform to the agreement if it does not have the properties that the buyer could expect based on the agreement. This is then a case of – as it is legally called – non-conformity, also called 'defect' or 'defect'. If there is a defect, the buyer has the option to hold the seller liable for his damage, for example consisting of the repair costs of the defect found. As for the duty to report that you had at the time of the sale, only you have the right, unless you were aware of the problem. The buyer also had a duty to investigate at the time. On the other hand, there is also a limitation period for the duty to complain. Based on the law (article 7:23 BW), a buyer who discovers a defect in the delivered goods must report the defect to the seller 'within a reasonable time'. This is 2 years. Since in your case it concerns multiple homes, this could be because the house is in a 'bad location', such as in an area with a high water level or a lot of ground moisture. But there could also be construction errors.

Lawyer

An important requirement for non-conformity is that it concerns a defect that was present at the time of purchase and that prevents normal use of the home. In the present case, the question is whether the defect was already present 9 years ago and whether it prevents normal use. If these requirements are not met, then there is no question of non-conformity and you are not liable. If you have any questions or require legal assistance, please feel free to contact me without obligation and free of charge.