Purchase agreement Real Estate and Warranty
Hello, I would like clarification on the following matter:
I purchased a house from a private seller in July 2008. At that time, the house was only about 1 year old and was sold to me with a warranty. (Exact wording of the purchase contract below)
Now I have a significant issue with moisture in the basement. What is the situation regarding the warranty now? Do I contact the contractor, seller, or xx?
Thank you.
Exact wording: Claims and rights of the buyer due to defects of the property, the building, and any movable items sold with it are excluded. This also applies to all claims for damages, unless the seller acted intentionally. The notary has pointed out the provisions of §444BGB, according to which an exclusion of liability is ineffective if the seller has fraudulently concealed a defect in the property. The buyer has thoroughly inspected the property and is purchasing it in its current condition.
The property is a new construction, the warranty period started on 31.12.07 and lasts for 5 years.
The seller hereby assigns any warranty claims against the contractors, suppliers, builders, architects, and engineers involved in the construction, regardless of whether they are for performance, damages, rescission, or reduction, to the buyer accepting this, but without guaranteeing the validity, content, and scope of the assigned claims. A list of the companies involved in the construction is attached to the deed.
