The Süddeutsche Zeitung deals in the current issue with the theme of moisture damage and the related obligation to inform the seller ( Link ).
It says:.. "Serious damage caused by moisture in the house should the owner not conceal potential buyers come to the sales contract, without having been informed, the seller is liable for the damage
, warns the German Bar Association (DAV) in Berlin, citing a ruling by the Higher Regional Court of Saarbrücken (ref. 4 U 198/07 - 64).
out, even if the purchase contract excludes any warranty, whether the seller is obliged to pay for these defects
in the fall. bought the applicants a house for 64,000 euros. Three months after the move they made massive moisture damage is in the bedroom, which continued later in the living room and children.
An expert found that the moisture came from the cellar and to calculate restoration costs in the amount of 11,000 €.
The seller refused to pay such costs. He referred to the purchase agreement, which excludes the warranty. The new homeowner then went to court and won.
According to the judges knew the previous owner had attempted to hide the damage and deceit in the sale. Therefore applies the warranty exclusion is not in this case. Buyers were aware of the obvious lack of anything, unless it be at the only visit to this cellar was crammed.
buyer should also rely on them that such damage is notified prior to contract "
source. www.sueddeutsche.de
