Held liable for defects in owner-occupied home

Questioner

On October 5th we sold our house from 1930. Prior to the sale, we had a building report drawn up on the advice of the estate agent and provided it to the buyer. This report listed a number of defects and noted overdue maintenance for 5000 euros. On October 8th, 3 days after the transfer, we received a call from the buyer. He had walked through the house with a friendly estate agent and had noted a number of defects for a total amount of 15,000. He sent us this list of defects and he wanted us to hold the company that had carried out the inspection liable. We did not agree to this and said that we did not recognise ourselves in these defects. On December 17th we received a letter from his lawyer in which he stated that we had misled him, that we had given a guarantee on the house and that the house was uninhabitable. He will have a building surveyor come and do the work on January 11th. I would like advice on what our rights and obligations are in this matter. Can we be held liable for, for example, a crack in the lead of the gutter?

Lawyer

Not all defects are hidden defects that make the house uninhabitable. I also assume that you have included an age clause in the purchase agreement? In addition, it may be that a buyer must also investigate defects himself before the purchase. If you would like some help with formulating a response based on law and case law, you can contact me via info@rechtinjestad.nl