Architect sells house built for himself - liability issue

  • Erstellt am 2022-06-25 09:50:36

MrsAndMr

2022-06-25 09:50:36
  • #1
Hello,

I would appreciate getting your assessment / experiences regarding the following situation:

- An architect bought a hillside property with an old building from the 60s, demolished the old building except for the basement level, and constructed a new building on it; since the new house is also somewhat larger, additional strip foundations were newly constructed according to static calculations (formally, the construction project was therefore a conversion and renovation of a single-family house)

- The architect actually planned and built the house for himself (i.e. architect = client), but since a divorce occurred during construction, the house is now to be sold; that is, the architect is now acting as the seller

- We are interested in purchasing, but the seller has now informed us that he wants to include in the notary contract that he does not want to be liable as the architect of the house with the corresponding architect’s liability (30 years); this liability/warranty is to be explicitly excluded

Is there anything objectionable about this procedure or is this "a typical approach"? As inexperienced prospective buyers, this statement initially unsettled us, in the sense of "Is there probably something wrong with the house?"

Thank you in advance for any assessment!
 

WingVII

2022-06-25 21:26:43
  • #2
With the house with the background story, my gut feeling tells me that something might not be quite right. If I, as an architect, were convinced of my work, I probably wouldn't insist explicitly on such a clause. But maybe there is still the possibility that his insurance does not cover the self-built construction.
 

ypg

2022-06-25 22:59:08
  • #3
hm, it might also be that he doesn't want to take liability for exactly that reason, because he is selling as a private individual. You really have to strictly separate apples from oranges here, just like elsewhere. Legally, I wouldn't know whether he would even have tax disadvantages. However, I would be surprised if building regulations were not properly followed with his own house. That would be too far-fetched for me.
 

Myrna_Loy

2022-06-25 23:04:47
  • #4
Not so much for me. Many standards in the construction sector are filled with so much safety margin that experts know it can be done with less or more. If you can then apply the stamp yourself, you can build differently. However, you hardly want the new owner to then claim this as a defect.
 

Benutzer 1001

2022-06-26 05:57:25
  • #5
He still cannot buy his way out; you can still hold him accountable for known defects that are not obvious.

I suggest you conduct an inspection with a building expert and then decide.

If he still resists, stay away.
 

MrsAndMr

2022-06-27 07:53:39
  • #6
Thank you all first of all for the assessment!

So if you walk through the house and look at some of the details, you notice that the architect actually built the house for himself - it's all high quality. Therefore, we also assume that the architect watched over the planning and construction with "strict Argus eyes."



That's exactly how it is. As an architect, he is listed everywhere in his role as an architect, but as the client he is a private individual. The house is also sold by him as a private individual. He also said that besides liability issues, he currently has to clarify tax issues with his tax advisor. What tax aspects could that possibly be?!
 

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