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Seller's obligation to report a house: what must he report?

When entering into a purchase agreement, the seller is obliged to report certain defects. In particular, defects that are not immediately visible must be clearly stated. This obligation to provide information is known as the seller's ‘duty of disclosure’. However, the buyer is expected to comply with the duty of investigation, i.e. to thoroughly examine the structural and legal aspects of the property.

When does the seller's duty of disclosure apply?

The duty to disclose applies to matters concerning the property that the seller is already aware of (or should be aware of) and the buyer is not. Examples include damaged flooring, noise pollution, soil contamination, and leaks. These are matters that cause a nuisance or hinder normal use of the property, but are not immediately apparent. If the seller is aware of these defects, they must disclose them to the buyer.

If the seller fails to comply with his duty to provide information, there is a good chance that he will have to pay compensation for the damage or that the purchase agreement will be cancelled.

What should a buyer pay attention to?

Buyers have a legal and structural investigation obligation. They are therefore expected to thoroughly investigate the legal aspects of the property and, if necessary, arrange for a building inspection. It's also important for buyers to ask follow-up questions if the seller doesn't provide clear answers.

Buyers are also advised to bring someone along when viewing the property. A (knowledgeable) outsider will see things from a different perspective and might spot that crack in the wall that the enthusiastic buyer misses.

Buyer's Preparation

Buying a house is an important and emotional event. If the buyer thoroughly investigates the advantages and disadvantages of the house, they have a stronger negotiating position. On the other hand, the seller is expected to properly inform the buyer about any defects in the house. A building inspection provides additional clarity about the condition of the house and the cost of any repairs. Sign a purchase agreement well-prepared and request a building inspection!

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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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