Rectification of repairs
October 15, 2009 | 20,00 EUR | answered by Andreas Scholz
The situation is as follows:
In July 09, a single family home was purchased. At the time of purchase, it was known that there was frost damage in Feb 09, which had been repaired and paid for by the insurance. Relevant invoices from craftsmen are available.
Parts of the heating system, pipes and radiators were repaired or replaced.
Now that the heating season has started, it has been discovered that three radiators are not functioning at all.
The question now is:
who should address potential rectifications or claims for damages with whom? The previous owner refuses to take care of it.
Thank you for your response.
Dear questioner,
You only have warranty claims against the craftsmen who installed the heating system if they have been assigned to you in the purchase contract for the property.
You have a direct claim against the seller of the property if they have not excluded their warranty for the property in the purchase contract.
If the seller has excluded their warranty for the property and no warranty claims have been assigned to you in the purchase contract, you have a claim against the seller for the transfer of warranty rights.
As a result, you should review your purchase contract regarding a provision on warranty.
I hope this helps. If you have any questions, please ask.
Best regards,
Andreas Scholz, Attorney
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