Damp basement wall?

  • Erstellt am 2019-01-31 18:42:47

Snowy36

2019-03-07 15:27:07
  • #1
I had the same problem, but I was on the other side.... So I don’t find what’s written here at all funny.

A) The walls are damp, then you sold him the crap and put stuff in front of it so that the expert couldn’t measure. You become an expert in a weekend seminar and such an expert also doesn’t take any warranty unless you have a really expensive appraisal done, which practically no one does!
--> Then please take responsibility for the crap and pay him for the waterproofing, you should be glad if it only costs 26K and the buyer is satisfied with that. I wouldn’t want such a shack anymore and would unwind the deal.

B) There is nothing in the basement, then go to a lawyer and get advice. You can very well be caught for fraudulent misrepresentation and that will cost a lot more than 26K. If he wants to give the house back to you, you will lose a lot!

How can anyone advise just not replying to an email here? The buyer is still trying to settle without court and lawyer, etc.

But sure, just wait until the lawyer contacts you and then you only talk through lawyers.

If you know for sure there is nothing there, talk to him, go there, look at it, check it with a measuring device. It doesn’t have to end in a legal dispute, no one wins except the lawyer!

Maybe the buyer panicked and immediately called a shark waterproofing contractor.... yes then you should get moving and calm him down in your own interest and to save nerves.
 

charli

2019-03-07 16:38:09
  • #2

I'm sorry if you got a nasty surprise and had trouble, but what does that have to do with my case?

The current status is that we have consulted a lawyer who deals a lot with such cases and often represents the opposing side.

As a result, we explained to the buyer in a short email that we were able to use the basement rooms without restriction and had no indication of a moisture problem. No odor, no damage to inventory or stored materials there.
We also added a note that, against this background, we do not consider sealing work, especially not to the extent contemplated, to be necessary.

By the way, the brief expert report from the sealing company does not mention a "damage" anywhere, only that "elevated moisture levels" were measured during deep measurements.
According to the buyer's own statements, he has no idea about such matters and apparently gets unsettled quickly.

So far, we have not heard anything back. We are waiting.
 

Tassimat

2019-03-07 16:40:32
  • #3
A reversal is only possible in cases of fraudulent misrepresentation. I do not see that here.

On the other hand, the buyer only noticed that the basement was damp one month after the purchase?
 

Snowy36

2019-03-08 07:50:16
  • #4
Yes, of course he only noticed it later ... maybe it rained a lot then or he just didn't pay attention before. When you move in, you probably have other things on your mind than the basement, you just put everything in there and move in. Maybe he later realized that the things he put in were damp ... it doesn't matter when he notices, right?

: your case is related to this because it's the same. The same point of dispute. I can therefore explain the whole thing to you from a different perspective and, for example, that simply not getting in touch, as was suggested here, does not help. And there is also something like fraudulent misrepresentation and definitely no "sold as seen." But only you know if the basement ever caused you problems and accordingly whether you should behave like a or b. That was my tip on it.
 

Mottenhausen

2019-03-11 09:53:27
  • #5
Read carefully again: I did not suggest: generally doing nothing, but: now preferably doing nothing wrong. Mainly against the background of not giving an unnecessary and involuntary confession through a wrongly formulated email or through an escalating phone call.

Every story has two sides. We only know one here. But be that as it may, should I now advise the OP to voluntarily pay for the buyer's basement renovation?
 

Nordlys

2019-03-11 10:26:32
  • #6
A basement from 1980, which was not constructed as a [weisse Wanne], which was not common in 1980, is just a bit damp. So what. It is a basement. It's simply not a place for laundry and such. You can dry it out, dig all around, apply bitumen, cover it up again. But does it have to be? K.
 

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