Hello everyone,
I have a question regarding our "older building" from 1980.
It is a semi-detached house, we lived in it for about 22 years, sold it last year, and handed it over to the buyer earlier this year.
The buyer now informs us that there are damp exterior walls in the basement and has provided us with an "expert report" from a waterproofing company, which also includes several photos of the affected walls. I will try to attach them.
He accuses us of knowing about the defect and concealing it, arguing that some bricks appear to have been painted over at some point.
The fact is, we never painted anything in the basement. In the room in question, open rolls of textured wallpaper, wood scraps, and boxes were stored for months and years without any problems. Also, the photos show no peeling paint, there is no musty smell, and no mold is present.
The buyers visited the house with an inspector before the purchase, but of course, there were things leaning against the walls, so they couldn’t see them completely in detail, which is normal in an occupied property.
In any case, during the years we lived there, we never experienced any moisture problems in the basement.
Can anyone share their thoughts on this?
Thanks in advance!
I have a question regarding our "older building" from 1980.
It is a semi-detached house, we lived in it for about 22 years, sold it last year, and handed it over to the buyer earlier this year.
The buyer now informs us that there are damp exterior walls in the basement and has provided us with an "expert report" from a waterproofing company, which also includes several photos of the affected walls. I will try to attach them.
He accuses us of knowing about the defect and concealing it, arguing that some bricks appear to have been painted over at some point.
The fact is, we never painted anything in the basement. In the room in question, open rolls of textured wallpaper, wood scraps, and boxes were stored for months and years without any problems. Also, the photos show no peeling paint, there is no musty smell, and no mold is present.
The buyers visited the house with an inspector before the purchase, but of course, there were things leaning against the walls, so they couldn’t see them completely in detail, which is normal in an occupied property.
In any case, during the years we lived there, we never experienced any moisture problems in the basement.
Can anyone share their thoughts on this?
Thanks in advance!
M
Mottenhausen1 Feb 2019 13:51charli schrieb:
1. We couldn’t have known about a moisture problem in the basement, among other reasons because in one room (hobby room, second picture) we stored boxes, rolls of wallpaper, and drywall sheets, none of which showed any signs of mold. In the other room (laundry room, first picture), I regularly hung laundry, and it usually dried in less than 24 hours.None of these are strong arguments. It’s better not to get tangled up in statements that could backfire later. For example, “laundry in dry rooms should dry within 19.5 hours, so the basement must have been damp.”
charli schrieb:
2. I doubt there is any moisture problem in the walls at all.Unfortunately, the photos (especially the second one) tell a different story. Known construction defects must be disclosed when selling.
charli schrieb:
We will write a response over the weekend and report back here as needed.Don’t do that. As mentioned, you risk making statements that may sound reasonable now but can be legally dissected by the opposing counsel later. A clever lawyer can quickly use this to prove that you knew something and withheld information.
Only respond if the buyer formally requests something or sets a deadline. The letter should be sent by registered mail. Keep your reply short and to the point: “Objection. We hereby reject the accusations made by you.” Then respond to their demand, for example, “We decline any cost coverage. Best regards.” No explanations, no stories about dried laundry, wallpaper, or anything else. You don’t need to justify yourself.
In any case, a lawyer can handle this much better and can help defuse the threat of litigation at an early stage.
C
Caspar20201 Feb 2019 14:25charli schrieb:
Thank you for the responses. We also believe the buyer is going too far, and of course, we will involve a lawyer immediately if necessary.
This whole matter has two aspects for me.
1. We could not have known there was a moisture problem in the basement, partly because in one room (hobby room, second picture) we stored boxes, rolls of wallpaper, and drywall sheets that showed no signs of mold. In the other room (laundry room, first picture) I regularly hung laundry, which usually dried within less than 24 hours.
2. I doubt there is even a problem with moisture in the walls at all. After all, the representative from the sealing company is selling his product and is not an independent expert.
We will prepare a response over the weekend and, if necessary, provide further updates here.You don't necessarily have to have a lawyer write the reply directly. However, any wording or response should at least be reviewed by legal counsel first. Unfortunately.
I assume the buyer sent you the pictures and the report not without reason, or not just to make you feel guilty.
Regarding the second point: well, that looks anything but like a dry wall. I believe the moisture there can definitely be measured.
The whole thing came by email. There are no specific demands stated, but it mentions that this defect was obviously not factored into the purchase price offer and that the internal waterproofing recommended by the company is estimated to cost around 26,000 euros. Then there's the question of how we should handle the situation and proceed from our point of view.
It is probably best to speak with a lawyer immediately.
And no, of course, we are not mentioning laundry or wallpaper rolls; those are more like clues for me, as I wonder if we should have noticed anything. And I can clearly say, no.
Thank you very much for all the responses.
It is probably best to speak with a lawyer immediately.
And no, of course, we are not mentioning laundry or wallpaper rolls; those are more like clues for me, as I wonder if we should have noticed anything. And I can clearly say, no.
Thank you very much for all the responses.