In 2016, a prospective buyer purchased an apartment building. Only after the purchase of the apartment building did the new owner discover the defect in the house. Specifically, it was a matter of lead pipes still being installed in the house, which was built in 1955. The new owner had the old lead pipes replaced and demanded that the previous owner pay the costs of about 55,000 euros.
Since the previous owner refused to pay for the costs, the new owner of the apartment building sued for reimbursement of the costs of remedying the defects (AZ 24 U 251/18). The Duisburg Regional Court upheld the action. The former owner's appeal to the Düsseldorf Higher Regional Court was also unsuccessful. Thus, she had to pay the costs for the replacement of the lead pipes. According to the decisions of the courts, the house was afflicted with a material defect pursuant to Section 434 (1) Sentence 2 No. 2 BGB.
Even if the lead pipes in the building had not represented an acute need for renovation, the owner must inform the prospective buyer about the lead pipes in the event of a sale. Not only because lead is an environmental toxin that is hazardous to health, it represents a material defect in the building. Due to the necessary replacement of the pipes, a reduction in the value of the building is to be expected. Old lead pipes can also cause the limit values specified in the drinking water ordinance to be exceeded, thus violating the ordinance.
Source: OLG Düsseldorf
© photodune.net
