When buying a house that has known defects, no warranty rights can be asserted. A man who bought a house with obvious moisture damage and a necessary pump installation in the basement discovered further significant damage to the roof after the purchase. Despite the exclusion of liability for material defects in the purchase contract, he demanded compensation as he suspected fraudulent misrepresentation.
The Flensburg Regional Court (Ref.: 7 O 261/22) dismissed his claim as the man could not prove that the sellers knew about the roof damage. He was also aware of the cellar problem.
The decision underlines the importance of carefully checking all known defects and weighing up the risks before buying a property. The ruling confirms that property buyers who are informed of defects and still purchase the property cannot later assert any claims in this regard.
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