Can you recover the costs of repairing a leaking roof from previous residents?

Questioner

With the heavy rainfall and gusts of wind in recent weeks, we have noticed yellow spots and mold on our walls in the living room. Very annoying since we got the key in February 2023. These spots seem to come from a roof leak that, according to the roofer, has been there for years, but which has never been fixed. At the time of moving, we had everything plastered and painted and - up to now - have only noticed this last March (but then only in the bedroom upstairs and we have - we thought - fixed it). This will entail the necessary repair costs. Since it now appears that it is a leak that has been there for years, we cannot imagine that the previous residents have not had this before. We did not hear anything about this at the time. Can we still recover these repair costs from the previous residents or is it too late for that (since we have been living here for almost a year now)?

Lawyer

It can be complicated to determine whether you can recover the repair costs from the previous occupants. In general, if a hidden defect comes to light after the transfer, the buyer can hold the seller liable. However, there are certain conditions that you must meet: 1. You must be able to prove that the defect was already present at the time of transfer. 2. The defect was not visible or apparent to you as a buyer. 3. You have notified the seller of the defect within a reasonable time after discovering it. For the sake of completeness, the term 'within a reasonable time' is not strictly defined and can vary by situation, but generally it is seen as 'as soon as possible'. Although you have been living in the house for almost a year, this would not necessarily be too long, but it depends on the specific circumstances. It is also important that the house is delivered in the condition as agreed in the purchase agreement. If there are hidden defects that you could not reasonably have known about at the time of purchase, you could hold the seller liable for them, provided that you meet the above conditions. In this situation, it is advisable to seek legal assistance to map out your options and protect your interests.