What claims do I have in case of defects in my newly purchased property?
March 26, 2023 | 50,00 EUR | answered by Friedhelm Krebs
Dear lawyer,
I recently purchased a new property and unfortunately have discovered that there are issues with the property shortly after buying it. Among other things, there are problems with the heating system, leaky windows, and dampness in the basement. These defects significantly impact the quality of living and make me concerned about the value of my investment.
I have already tried to contact the seller to complain about the defects, but they refuse to take any responsibility and claim that the property was in perfect condition at the time of sale. I feel abandoned in this situation and do not know what rights I have as a buyer to have the defects rectified or to receive appropriate compensation.
Therefore, my question to you is: What legal options do I have as a buyer when there are defects in my newly purchased property? What rights do I have to rectify the defects and what steps should I take next to enforce my rights?
I would greatly appreciate a detailed consultation on this matter, as I feel uncertain in this legal matter and would like clarity on my rights as a buyer.
Sincerely,
Rolf Busch
Dear Mr. Busch,
Thank you for your inquiry regarding the defects in your newly purchased property. I am sorry to hear that you have already experienced problems with the heating system, leaking windows, and moisture in the basement. It is understandable that this affects your living quality and you are concerned about the value of your investment.
As a buyer of a property, you have various legal options available to rectify defects in the purchased property and receive appropriate compensation. As a buyer, you are entitled to a defect-free item according to § 434 of the German Civil Code. This means that the property must have the agreed quality at the time of sale and should be free from any defects.
If defects occur, you as the buyer have the right to inform the seller and demand rectification. The seller is obligated to rectify the defects. However, if the seller denies any responsibility, you can also claim a reduction in the purchase price or even withdraw from the contract and request a refund.
To enforce your rights, I recommend that you first inform the seller in writing about the defects and set a deadline for rectification. If the seller does not rectify the defects even after the deadline, you can involve a lawyer to enforce your claims in court.
It is important to collect all relevant documents such as the purchase contract, the defect notice, and any expert reports and provide them to your lawyer to maximize your chances of success. An experienced civil law attorney can support you in this process and help you enforce your rights as a buyer.
I hope this information is helpful and has provided you with clarity about your legal options in case of defects in your property. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Friedhelm Krebs
Civil Law Attorney
