Rights regarding tank in garden not removed by selling party?

Questioner

Last December we bought a house. During excavation work we came across an old (oil) tank. In the list of items, it turns out afterwards, that there is a tank present. Further information is missing. The construction of our extension is currently at a standstill and I wonder what my rights are with regard to the selling party.

Lawyer

In Dutch law, the principle of 'buyer beware' applies in general terms. This means that the buyer has a duty to investigate. However, this does not mean that the selling party does not also have a duty to inform. When selling real estate, the seller must inform the buyer of known defects. It is interesting that the tank is on the list of items, but that no further information has been provided. It is therefore possible that the seller has failed in his duty to provide information in this situation. Although this depends on the specific circumstances, such as what exactly was on the list of items, what you as a buyer already knew (or could have known) and what consequences the presence of the tank has for the use of the home. It may be advisable to present this matter to a lawyer or attorney. He or she can advise you on your legal position and what the best next steps may be. It may be possible to recover the costs of removing the tank from the seller. However, this depends very much on the precise circumstances and what was agreed in the purchase agreement. In these types of matters, it is wise to seek professional legal advice. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.