To underestimate the risks associated with the sale of a property is the liability of the seller. Although sold used houses and apartments regularly see Disclaimer of warranty. The seller, however, is not protected by the caveat emptor in the notary contract, if he conceals him known defects.In this case, damages claims threaten sensitive height. “We advise our customers therefore to disclose all known defects”, explains the Dortmund real estate agent Dr. Marita Hetmeier: In some cases the note revealed shortcomings in the notary contract should be noted to make a dispute from the start out of the way. ” As a salesman, who knows that the Eternit facade of his house with asbestos fibers is contaminated, the basement sealing defective and the basement is damp, must inform the buyer prior to the conclusion of the purchase contract.
The same applies to an acute infection with wooden trestle, a leaky roof or a non-functioning heater. Circumstances must be the seller even then reveal a defect if he has eliminated him technically correctly prior to sale. This applies in particular to an infested with rot. Even if the rot is redeveloped, the incidental infection reduces the fair market value of the House. For this reason the jurisprudence assumes that the seller must reveal the buyer a rot even after proper restoration. Dr. Hetmeier: Also on the real estate market is a good old saying: honestly lasts longest! We watch as a honest broker that that sales of houses and apartments anything under the carpet is Vice. Buyer and seller benefit equally.” Dr.