The seller of a property has a duty to provide information, also known as the duty of disclosure, which means the buyer is obligated to share facts about the property with the buyer. For example, if the property has significant defects, the seller is obligated to inform the buyer of these.
Does this mean that you, as a potential buyer, don't need to have a building inspection performed? No, certainly not. First of all, not every buyer automatically complies with the disclosure requirement. Furthermore, there may be defects that the seller hasn't (yet) noticed. You want to know what costs you'll face immediately or in the near future. Homekeur offers clarity on this by performing a building inspection.
The seller is obligated to act in the buyer's best interest, not just their own. This is where the duty to disclose comes from. Is there a defect that isn't immediately visible? Is there frequent, serious noise pollution from neighbors? Is there a suspicion of soil contamination? These are all matters the seller must report to the buyer.
Such matters can lead the buyer to decide not to purchase the property after all. In practice, this very fact often leads sellers to deliberately withhold information, despite their duty to disclose. Visible defects, which the buyer might notice during a property inspection, are not required to be disclosed by the seller under the disclosure obligation. This falls under the buyer's duty to investigate.
In practice, it certainly happens that a seller fails to comply with the disclosure obligation. This places the seller at great risk. In most cases, the case will end up in court. If the court decides that the seller has indeed failed to comply with the disclosure obligation, the court will order the seller to reverse the sale, compensate the damage, or repair the damage at their own expense. Naturally, this varies from situation to situation.
Hidden defects are very inconvenient. They often not only lead to additional costs but also delay the process of making the house ready for occupancy. In the worst-case scenario, you can't move into your home until much later than you'd planned. Homekeur conducts a building inspection, where we can identify any hidden defects. This saves you time and money.
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!
