House purchase with cracks in the basement

  • Erstellt am 2020-12-17 12:09:21

Schimi1791

2020-12-28 09:09:43
  • #1
Otherwise, I would include it in the purchase contract and, in case of need, hold the seller responsible or – better – insist on repair beforehand.
 

Jean-Marc

2020-12-28 10:46:00
  • #2
I agree, the horizontal cracks are very common in old cellars. However, the vertical crack, or rather gap, does not seem trustworthy to me. Without expert knowledge, I would never buy something like that. The owners should have actually obtained it beforehand, because it is clear that such things become a topic of conversation during the viewing and can cause the sales process to stall. But obviously, they are relying on the fact that among the pool of interested parties there will be one famously foolish person who is satisfied with the broker's amateurish assumption...
 

Olli-Ka

2020-12-28 11:29:05
  • #3

Morning,
what would the previous repair have looked like?
Sealing cracks with filler, painting over and no one knows anything...
This way it's honest.
And to include it in the purchase contract, I as a seller would never have agreed to that.
Here it applies: bought as seen.
Regards, Olli
 

Schimi1791

2020-12-28 11:38:44
  • #4
I see it differently. When buying a house, "sold as seen" does not apply. Especially when, for example, hidden defects are present that are known to the seller. In my opinion, this includes the provisional repair of a construction defect, which constitutes deception - also fraud. This can - and would - lead to claims for damages!

Professionally!
 

Wolkensieben

2020-12-28 11:58:22
  • #5
This is not a hidden defect, but obvious.

You don’t buy a house immediately, but can always go again with a clear head and an expert.

Of course, bought as seen applies, this is not a new building. How should a homeowner know if there are hidden defects as long as he hasn’t hidden them himself = covered them up?

Even with my 2014 house, if a prospective buyer came to me with any kind of warranty, the conversation would be over. I neither have a crystal ball to consult nor X-ray eyes. I only have my maintenance records and a clear conscience.

I don’t know anyone who sells their house because of upcoming repair work, but because life circumstances change.

It’s different with car sales. There it means: soon this and that will come up.
 

Schimi1791

2020-12-28 12:03:47
  • #6
If the seller tried to conceal a defect by simply plastering over and painting, it would be deception and thus potentially liable for damages. However, no deception is present here, since the damage was not concealed. Nevertheless, I would have it—and any (!) other irregularities—recorded in the protocol.

The following can be found on the internet (link is not allowed):

"... Important: The clause “Bought as seen” does not constitute a complete exclusion of warranty! When a house, apartment, or property is “bought as seen,” only the warranty for obvious defects is excluded. » The seller is therefore not liable for defects that an average buyer could have noticed during a thorough inspection of the property without an expert. Whether the buyer actually inspected the property for obvious defects does not matter. The clause “Bought as seen” does not cover hidden defects, however. Hidden defects exist when an average buyer cannot detect the defect through their own inspection. » Note: In the case of hidden defects, the buyer can therefore rely on all warranty rights. The prerequisite, however, is that no general warranty exclusion was agreed upon in the contract!

2. Examples of obvious and hidden defects Obvious defects exist, for example, in the following cases:

» Peeling plaster and visible cracks in the facade.

» No running water due to defective pipes.

» Aircraft noise and other noise nuisances (for example from streets, shops, and venues).

» Doors and windows that do not close properly.

» Leaky roof due to larger holes.

» Mold on walls and ceilings, provided it has not been freshly painted over or “hidden” by a wardrobe.

The following examples, on the other hand, are hidden defects:

» Contaminated sites on the property.

» Asbestos in the building.

» Leaking gas pipes.

» Use of health-damaging wood preservatives.

» Rusted, non-visible steel beams.

» Non-professional insulation of the attic, provided this can only be detected by an expert.

..."
 

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