Advice on Noise Nuisance and Hidden Defects

Questioner

Subject: hidden defect in purchased house. Today we received a letter from the buyers of our previous home. It was completed last November (10 months have passed). Text: You neglected to mention that the neighbors behind our garden have a child with behavioral difficulties (who goes to a special school) and that this family causes daily noise pollution by slamming doors and patio doors early in the morning and late at night, shouting in the garden, etc. If we were to sell the house ourselves, we would be advised to mention this, which would be financially disadvantageous for us. We're in talks with a party that can help us gather evidence, but you could also offer financial compensation. Your real estate agent is aware of this, and according to him, you should have reported the noise. So much for their message. As for ourselves: We did not experience any significant noise pollution. Furthermore, it's been 10 months. Why only report now if there's a serious and structural nuisance? We do not intend to take this seriously, let alone offer compensation. Please advise, thank you

Questioner

This isn't a hidden defect in the legal sense; the buyer may be able to prove that you breached your disclosure obligations by failing to disclose it. But then the question is whether this fact is true and how serious did you perceive it to be (there is a subjective element to it). In a normal neighborhood, you can expect some things when it comes to neighbor nuisance. That's something to be tolerated.

Questioner

Dear Madam, Thank you very much for your message. We did not experience this as a nuisance ourselves, more as you describe it: in an ordinary neighbourhood you are allowed to experience one or two things. And that certainly wasn't daily and it wasn't serious either. Moreover, coming forward with such an accusation after 10 months is excessively late. If it had been that serious. The point is that the buyers are now initiating an investigation to establish the facts. Should they file a claim, we consider this a matter for the court and not otherwise. This will cost us money, and we also find it inappropriate for our name to be cast in a bad light by the allegation and the apparent search for/informing of potential witnesses. In that case, can we, in addition to legal costs and legal fees, also claim compensation for libel/slander/insult? Please respond, thank you.

Questioner

No, unfortunately not for non-pecuniary damages; that requires psychological damage. Libel is defamation or insult, and it's an intention to deliberately misrepresent you. I don't think buyers will actually follow through with this, but I can help you develop a strong defense. If so, please contact me.