Hidden defects in newly purchased property

House & Garden Kandos August 7, 2016 111 0
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For most of us, buying a new home a feast. This festive mood but could change if, after the purchase is discovered that the new home is not as well maintained as you initially thought. What are your rights and obligations if you discover such a defect and you can still liable to the seller for the house to incur additional costs to remedy the defect.

Definition hidden defects

Hidden defects are defects that only after the completion come to light.

The law and the purchase agreement

Under Article 7:17 BW must answer the property to the agreement, if the case is not the characteristics required for normal use of them required this is not the case. In the purchase agreement may be deviated from this legislation, for example through the provision ?? the property is transferred with all visible and hidden defects that the seller does not know about ??. If this provision is included, the seller is liable only if he has not fulfilled his obligation to inform you about defects of which he knew. In that case, you can ask the seller liable if you can show / prove the buyer that the seller knew that the defect was present. Is there any stipulation in the contract than the legal rule and the seller is always liable for latent defects is true even if he knew nothing of the hidden defect. Visible defects are almost always excluded in the sales contract, you had this indeed can perceive.

Requirements for the seller's liability for a latent defect

To ask the seller liable for hidden defects are a number of factors. These are:
  • The defect was already present at the time of concluding the contract. Defects arising between signing the purchase agreement and the transfer shall be borne by the seller.
  • You as a buyer shall have fulfilled your duty to investigate. You must demonstrate that it is a defect that you could not reasonably determine upon inspection. Also, you will therefore have to examine to some extent if the property does not contain defects. Of course, if you use the services of a broker, it also inspect it necessary for you.
  • The obligation of the seller. The seller must inform you about defects in the home that he knows only that are not visible. Moreover, the seller must also inform you if he can not properly assess the full extent of a visible defect.
  • The severity of the defect. The defect must in principle be so severe that you can not make normal use of the property which is the normal use of the property is restricted. For example, this is not the case if a fireplace is not operating adequately but also central heating in the house is present.
  • The age of the house. The older a house, the greater the chance of defects. As a buyer, you can expect that your inquiry and requirement will also be heavier as the house ages. Moreover, defects in an older home is seen less often as a latent defect. If you yourself are not an expert, it is therefore wise to purchase an old house done by an architectural inspection.

Ask the seller liable for hidden defects

If you have a legal expenses insurance is a good idea to turn it right and not to wait for the reactions of the counterparty. If you do not have a legal, it is wise to ask the seller as soon as possible of the hidden defect by registered mail or by fax with acknowledgment of receipt. Take this letter at least the following points
  • To which fault it is
  • That the retailer liable for the damage and any consequential damages
  • If you already made cost in order to limit the damage you may enclose a copy of the memorandum
  • Ask the seller to repair the defect and also to give a date here if you want to see the defect repaired. This must of course be a reasonable period.
  • Imagine that you are in default if the seller is not restored within this period and that you will take further steps

How long after the sale, you can still liable to the seller for hidden defects

At which new homes are built under GIW guarantee there's a period of five years after the expiration of the maintenance period is established. For existing older homes, however, is more difficult, there is no time fixed term. Typically, however, is the assertion that the majority of deficiencies within two months after the sale can discover. However, if more time is needed to bring the size of the defect properly identified, for example, because you are an expert must turn, this period may be extended if the seller notifies the fact that you have started an investigation and doing everything possible to locate the problem as quickly as possible.
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