Hidden defect in chalet: tell seller about it?

Questioner

Chalet bought last year with furnishings, on June 1, 2022, on a campsite in Zeeland. No purchase contract, only a note made in advance with confirmation of purchase, which is signed by seller and buyer. Because we wanted to give it our own interpretation, we had the idea to lay new floor covering. In July of this year I checked if the vinyl on the floor was glued or loose. When I looked at the front of the chalet, where there is also a large window, I saw that the subfloor was completely black and white, mold, had spread! The floor was also very wet and there was water on the floor. The floor was already so soaked with moisture that I could make a hole in it. We hired someone, a builder of chalets, to look at this. This specialist confirmed that this was due to a leak in the window, but could not say exactly where, and that this leak had been present for a number of years. To repair it, the entire front window has to come out and part of the floor has to be renewed! Costs for this are € +/- 2700.00. Can I claim these costs, or part of them, from the seller? In my opinion, these are hidden defects that you cannot see when selling.

Lawyer

That is doubtful because you also have a duty to investigate. But if the seller knew, you can argue that he had a duty to speak. But it is not easy: a buyer also has the duty to inspect the lifted prior to the purchase Mick Veldhuijsen

Questioner

Dear Mr. Veldhuis, When viewing and purchasing the chalet, it was checked for defects, such as leaks. If there were any leaks in the roof, you would most likely see them as dark spots at the top of the walls or streaks on the wall where the water would run. However, because it is difficult to see a floor! There were no signs of leakage at the doors around the chalet. Even now, because there is a door on the outside at the location in question, nothing can be seen under the chalet. The floorboards on the bottom are completely dry. If I had to check something, I would have had to record the vinyl in various places to see if there was any leakage! But then you would also be taking the floor out of its context. I doubt whether a seller is waiting for this during a sale! Yours sincerely, Ton Nulens