In 2016, a couple from Upper Franconia purchased a house that was built in the early 1970s. Shortly after the purchase, they removed the wood paneling and wallpaper on the walls inside the house. Unfortunately, after the work was done, numerous cracks became visible in the walls. They also noticed another defect when they discovered a mold stain in the attic after removing the wallpaper.
The couple demanded compensation from the sellers for repairing the cracks in the walls and for repairs to the roof. They were also to bear the costs of the appointed surveyor. The former owners rejected the claims on the grounds that the cracks in the walls were due to the age of the house. In addition, they had not been aware of the mold stains in the attic. A disclaimer of liability for material defects was agreed in the purchase contract. The sellers of the house assured that they were not aware of any hidden defects.
The Regional Court of Coburg (AZ 14 O 271/17) commissioned an expert to examine the condition of the house. According to the expert, the cracks on the interior wall plaster were common, since it was a 45-year-old house with a simple construction. The situation is different with the defects on the roof. According to the expert, the mold stain was due to faulty and unprofessional repair work on the roof. However, since the plaintiffs could not prove that the defendants knew about the defects on the roof, they could not be accused of malicious conduct. Likewise, due to the exclusion of liability agreed in the purchase contract, the plaintiffs' claims for this material defect failed.
Source: LG Coburg
© fotolia.com
