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Definition hidden defects Hidden defects linen closet are defects that only after the completion come to light. Decisive is only what was agreed in the contract between buyer and seller. If a warranty is included in the agreement, the seller is liable for any latent defects of which it can be said that the normal use as a residence standing in the way.
If no warranty is contained in the purchase agreement, you can fall back on the conformity guarantee of Article 7:17 BW. Pursuant to Article linen closet 7:17 BW must answer the property to the agreement, if the case does not have the properties required for a normal use, it does not comply with the agreement.
You can expect as a buyer that the property possesses the qualities that are necessary for their normal use and which he does not need to doubt the presence and characteristics required for a particular use that when the agreement is provided.
Duty and obligation to investigate the seller of a property is required to report defects to the property that are the normal use of the house in the way, so that the buyer of the defects can take into account when making linen closet their purchasing decision. This is called the notification obligation of the seller. In contrast, the obligation of the buyer. The buyer is after all obliged actively to inform the state of the house. Examples include the work of an expert on the drafting of an engineering report.
There is a hidden defect present If a hidden defect is present, the buyer can the seller under Article 7:17 BW liable for the costs incurred by them to remedy the latent defects. The seller is liable for these costs if it is established that he was aware or should have been, and the buyer has not subsequently informed of its existence. In addition, the seller is liable only if the defect normal use of the property in the way. Finally, it should be determined whether the purchaser has fulfilled his duty to investigate. After all, if the buyer of the hidden defect could learn in a tour of the property, there is no longer a hidden defect.
Facts On 10 September 2004 a house was sold. However, the buyer claimed that the sellers had failed to report that the fireplace is not as wood-burning stove is used and that the property is not satisfied by the failure of the fireplace is the conformity requirement under Article 7:17 BW. After using the fire led to smoke and odor on the first floor. This allows the sellers used the fireplace and television cabinet. The sellers enabled buyers indeed have to be informed of the fact that the fire could not be used. During the visit would also be discussed linen closet the backdraft and besides, it was evident that the fireplace was used by sellers as a TV cabinet. Finally, ask the sellers that the normal use of the property is not hindered by the failure of the fireplace because the house