Liability for Leakage After Purchase: Ask Now

Questioner

In April of this year, I bought a ground-floor apartment that had been completely renovated before selling. The previous owner, a contractor, buys apartments, renovates them, and sells them afterward. Now, eight months later, there's a leak in the extension built by the previous owner/contractor due to shoddy construction. Is this damage recoverable from the seller/contractor? As a buyer, you expect that a professional renovation before the purchase won't reveal any defects after eight months.

Questioner

The other party's professionalism is a factor, but also whether you could have uncovered the defect by having an inspection carried out without any major demolition work. If you have to vacate the property temporarily, it's considered a latent defect. Otherwise, non-conformity and the mutual error clause are the main factors. It's possible, of course, that the seller wasn't aware of this either, in which case their professionalism and experience outweigh your failure to investigate. A conclusive answer can only be given after the inspection; please contact us to discuss this.

Questioner

The previous owner/contractor is liable for this defect under both the purchase agreement and the work contract, so you can recover damages from them. You must first notify them of the defect in writing and give them a reasonable period to remedy the defect. If they fail to do so, you can have the defect repaired yourself and recover the costs from them.