Of course, most people say no, the buyer will take care of everything. This is true, but what are the pitfalls for the seller? <\/p>\n
This is a subject that people rarely talk about, or only when there is a problem. Then let’s look at it in more detail. <\/p>\n
Under a contract of sale, the seller is obliged to transfer the ownership of the goods, the buyer is obliged to pay the purchase price and take possession of the goods, says the Civil Code.<\/p>\n
Of course, the seller is happy to hand over the goods if he receives the amount he has agreed to pay, but his responsibility does not extend only so far.<\/p>\n
The big question is behind the scenes, which is: is this property what it seems? Of course there is a house or apartment, it has doors and windows, it is priced right for the Buyer. <\/p>\n
My experience is that people overlook your details, they get excited, which is natural.<\/p>\n
This is what a real estate lawyer is for, who not only uses his knowledge in this field, but also his experience and shares it with the client.<\/p>\n
There are usually two points in a sales contract where the “major and visible” defects are revealed. One is the lawyer who checks the title deeds and the other is the bank (if the buyer takes out a loan on the property, of course). <\/p>\n
There are some problems that are quickly discovered, such as a previous charge on the property, widow’s rights, a mortgage registration that has not been cancelled. These can usually be dealt with quickly. <\/p>\n
A bigger problem is usually when you add on to the property, rebuild it and it doesn’t show up on, say, the land registry map.<\/p>\n
These are problems that may only come to light later, when the appraiser goes out to assess the property in connection with the bank loan, but by then the sale and purchase agreement has already been concluded, so the seller is responsible for them.<\/p>\n
This brings us to the issue of warranty, which means that someone (in this case the seller) takes responsibility for something.<\/p>\n
The law divides the warranty into two parts.<\/p>\n
One is the legal warranty and the other is the warranty of convenience.<\/p>\n
On the one hand, the seller assumes liability by the warranty that no one else has a right or legitimate claim to the property at the time of the contract (for example, he did not sell it to someone else), and on the other hand, that he has given the buyer a faultless product at the time of the sale, so there is no hidden defect that will only become apparent later. <\/p>\n
Of course, it is worthwhile for the buyer to inspect the product thoroughly, because if he knew or should have known of the defect at the time of purchase, he cannot claim under the warranty.<\/p>\n
According to the Civil Code, the seller is in breach of contract if the property does not meet the quality requirements set out in the contract or the law at the time of performance. <\/p>\n
In this case, the defective performance should be considered as a breach of contract. The two cumulative conditions for defective performance are that the property is defective and that it is already defective at the time of performance. <\/p>\n
This is more complicated for second-hand property, but it is well defined.<\/p>\n
In the case of second-hand property, the seller is only liable for defects that are considered defects even if the property is second-hand but in working order.<\/p>\n
Of course, a second-hand property, as the name implies, is second-hand, but it should be fit for its intended use to the extent of its age and the resulting technical condition.<\/p>\n
But for defects that are independent of use, or significantly beyond the extent of wear and tear, the seller is liable. A common example is water in the walls, which is independent of the age of the building. <\/p>\n
It is very important to highlight that there are accessories and parts to the property. Together with these, the property must be free of defects. However, according to the case-law, the absence of fixtures and fittings which are accessories is not a defective performance, but a defective performance, in which case the claimant cannot apply the consequences of defective performance, but can claim performance or withdraw from the contract or claim damages. <\/p>\n
This document should not be considered as a statement by a lawyer or as legal advice. Each case is different and should be considered on its own merits. Furthermore, you should be aware of any changes in the law that may have occurred since the writing of this article. The purpose of these articles is to make people aware of legal requirements and to provide some information on the subject. For specific questions, please contact us personally. <\/p>\n","protected":false},"excerpt":{"rendered":"
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