Purchasing a property is a drastic affair that can come with numerous problems.
In previous blogs, we have discussed topics ranging from hidden defects to insurance issues.
In today’s blog, we will elaborate on a particular issue particularly the relationship between the new owner and the contractor.
Issues:
Suppose you purchase a property in 2021.
At the time of sale, the property is inspected and no problems present themselves.
The notarized deed is signed and You move into your new home.
Two years later, YOU are faced with a leak in the attic.
You have a professional come and they determine that the roof has serious defects.
You find that odd now that at the time of the sale the owner informed you that the roof was completely renewed.
This is also true now that YOU received all the information about this at the time of the sale, such as the written offer, the invoice,…
What should YOU do now?
Seller’s liability:
Your first reflex will probably be to turn YOU against the seller.
Although this reflex is perfectly understandable, the seller bears no responsibility.
After all, you can only declare the seller in default for hidden defects if you can prove that this buyer knew about them and nevertheless failed to inform you about them.
In our case, however, this is not the case.
After all, the roof had recently been renewed and the seller never experienced any inconvenience.
Although there is effectively a hidden defect, You cannot hold the seller liable for it.
Contractor’s liability:
You should not panic in such a case.
After all, you can hold the contractor who did the roofing work accountable without any problem.
After all, all claim rights of the previous owner against his contractor are transferred to the new buyer along with the property.
This therefore means that the contractor has the same duties to the new buyer as to the seller/builder.
However, this also means that the contractor could raise the same so-called exception against the buyer as against the seller.
For example, the contractor may have had advance warning of a particular problem and informed the seller that there would be no warranty for certain work.
In that case, the contractor will also be able to raise this against the new buyer.
Do you have questions about contracting or construction law?
Contact Peterfreund & Associates, your attorney in ANTWERPEN.
