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Duty to investigate: what should you do as a buyer?

When buying a house, two things are important: the legal and structural condition of the house. Failing to conduct a legal and structural inspection can have far-reaching consequences. Anyone who fails to comply with the inspection obligation cannot recover damages from the seller. Terminating the purchase agreement is therefore no longer possible. Conducting an inspection actually puts the buyer in a strong position.

What does the duty to investigate entail?

The inspection obligation has two aspects: the legal condition of the house and its structural condition. The buyer can inspect the legal condition of the house themselves, while a building inspector is hired to inspect the structural condition of the house.

Matters covered by the legal duty of investigation include:

  • Qualitative obligations (things that a homeowner must accept, such as cables running through the garden).
  • Easements, such as the 'right of way'.
  • A chain clause. This is the obligation to maintain something, such as the front garden.
  • Leasehold arrangement, where the buyer owns the house, but not the land.

The structural condition of the house is assessed by a building inspector. This inspector checks the walls, floors, ceilings, and the structure of the house in every room. The costs of any repairs are also reported.

Who has a duty to investigate?

Homebuyers have a duty of care. This is mandatory because a home is a significant purchase. This duty of care prevents buyers from entering into a purchase agreement with unrealistic expectations. When purchasing an older home, this duty of care is especially important. A structural survey is also often required for applying for a National Mortgage Guarantee.

Benefits of conducting research

Entering into a purchase agreement without conducting a legal and structural inspection can result in the purchase agreement becoming irrevocable if the buyer discovers defects or drawbacks to the property. The buyer will then have to pay the associated costs themselves. This can cause problems. Request a structural inspection by a certified building inspector from Homekeur BV. This will prevent any surprises and allow you to negotiate effectively.

Would you like to make an appointment for a building inspection?

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!

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