If a house has a clear defect, you, as the buyer, may not be able to enjoy the expected living environment. This can be due to various reasons, such as a leaking roof, cracked walls, or even asbestos or woodworm. But can a liable party be found if defects are discovered after the purchase? To determine this, it's important to determine whether the defect is visible or hidden.
There are, of course, defects that a diligent buyer might be aware of upon viewing the property . These include cracked walls, leaks, broken beams, or other clearly visible defects. The seller is not responsible for these, as they will affect the sale price for both parties during the price negotiations. However, if these defects only become known after the house has been delivered, the seller may be held liable.
A seller can't be held immediately liable for every defect. There must be a clear shortcoming. A buyer can also be expected to take a proactive approach. If a house was built during a period when asbestos was frequently used, it's naive to assume the desired house is completely free of it. However, the seller also has obligations. For example, if the seller is aware that asbestos has been used in a house, they must disclose it. As with any contractual dispute, there's uncertainty about who the court will rule in favor of insolvency proceedings concerning hidden defects.
Naturally, you don't want to end up in a lengthy process when you've just bought your dream home. So don't take any risks and have a specialist conduct a building inspection if you're considering a purchase. Only a professional knows exactly what to look for when it comes to visible or hidden defects.
The cost of a building inspection (up to 250 m²) is only €489 including VAT. We'll conduct a comprehensive building inspection and you'll receive a building report. Do you have any questions? We're happy to help and can schedule an appointment with an expert inspector right away if you wish!
