Pay for painting job within warranty period?

Questioner

My house was painted on the outside in the summer of 2019. The painter, who had done all my painting work since 2005, gave a 3-year warranty on this painting work. In the summer of 2022, I contacted him because of defects in the painting work. He told me that this falls within the warranty period and that he would repair the defects. He also indicated that he would stop working in the course of 2022, but it would be fine, I did not have to worry. Later he called me that he would not do it himself, but that he would transfer it to his successor. I called his successor and he would do it. The successor did not get around to it for the time being and I agreed that he would carry out the warranty job in the spring of 2023. We have an appointment on June 9. Last week an acquaintance of mine came to the door to warn me. She had a warranty job done by the same successor that I have. After the job he asked the acquaintance for money. She replied that it would not cost her anything, because the job was within the warranty period. "No warranty at all, this job will cost you 1100.00 euros" he said. It took her by surprise and she paid. She warned me, so that the same thing would not happen to me, How can I properly prevent the same thing from happening to me?

Lawyer

Good afternoon, The only way to prevent this is to make clear agreements about this in advance. Getting in touch with each other is usually the best option. Before the new painter starts work, it is important that you confirm again (in writing) that it is covered by the guarantee and that you do not owe him any extra money. If he does not agree to this, you could hold the old painter liable for the work that was not carried out properly. As for your acquaintance: depending on the evidence (correspondence between parties, invoice, etc.) he/she has the legal right to reclaim the amount. There was no legal basis to transfer the amount. A claim from undue payment, which this falls under, can be reclaimed in legal proceedings. Your acquaintance must demonstrate that the work was covered by the guarantee and that this was agreed in advance. If you wish to discuss your case further, please feel free to contact us without obligation. Gr, Mr. S. Leito FerLei Legal 06-49175526