Property buyers must note that "bought as seen" in the purchase contract means a warranty exclusion for defects. The Association of Private Builders (VPB) points this out. Old properties in particular can have various defects that buyers only notice after the purchase. However, the seller is not obliged to point out obvious defects, such as damp walls. Nevertheless, they must answer any questions asked honestly and must not conceal any significant defects of which they are aware.
According to the VPB, significant defects are those that could potentially deter the buyer from buying, such as asbestos or sponge infestation in the house. Even a suspicion of significant defects, such as the suspicion of an unexploded bomb on the neighboring property, could be subject to disclosure (OLG Hamm, decision of 28.1.2022, ref. 22 U 28/22). This obligation to disclose only applies if the seller himself is aware of the defects.
If the seller fraudulently conceals significant defects, the buyer can demand that the defects be rectified or even cancel the purchase. However, this process is often lengthy and often ends up in court, as the buyer has to prove the seller's fraudulent intent. The VPB therefore recommends that buyers are accompanied by an independent building expert when viewing a property.
Source and further information: Association of Private Building Owners
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