2023-12-18 05:00:00
“We are now more in hell than in heaven”. Sébastien, a resident of Meeffe (Wasseiges), is extremely disappointed following realizing that the humidity problem in his home is “much more important” as announced during the sale. Are there any possible remedies? Had the seller sufficiently warned the future owners that they would have to undertake more work to renovate this house?
Originally from Ramillies (Walloon Brabant), Sébastien and his partner started looking for new accommodation in 2022. After visiting several properties, they fell in love with a home in the Liège region. Last March, the couple moved into this house, and a bad surprise for them: the humidity problem was serious.
“During the first visit, the real estate agent directly said ‘there is rising damp in the house’. There was a quote which was made and which amounted to 3,800 euros for the walls of the living room . We said to ourselves that if that was all it was, it was good. 3,800 euros is not death.” says Sébastien.
But once installed in their house, the cutter says he saw damp spots appear “on all the walls on the ground floor. We asked the agency if they were aware that there was damp in other walls, and they told us ‘no’, that “It had only been regarding the walls of the living room. We then realized that, in the corridor, the walls were crumbling. In the dining room, there were small mushrooms behind the furniture. In the kitchen, there is also humidity. The living room walls are all affected”adds Sébastien.
We have never seen this report
Faced with this observation, Sébastien decided to hire a lawyer to try to find out if the seller had not made a mistake by not communicating enough regarding the problems encountered since their move.
“The seller replied to my lawyer that it was clearly written in the sales agreement that there was humidity in the walls on the ground floor. That we had received a quote for the repair of the work. And that we had a market value report from the real estate agency, which stipulated that there was humidity in almost all the walls on the ground floor and even on the facade. , says Sébastien.
And to continue: “But we have never seen this report. It says that the house costs a minimum of 235,000 euros, a maximum of 245,000 euros, but that its estimated value is 240,000 euros. We paid 260,000 euros for this house… If we had had this report and we had known that there were all these problems, we would not have bought a house 20,000 euros more expensive…”
To estimate the damage and additional work to be carried out, Sébastien called on companies. “We received a quote which is close to 25,000 euros. Very far from the 3,800 euros initially announced…”
It’s a hellish cycle
The Wasseigeois therefore also regrets not having been able to consult the appraisal report for his property, which made it possible to justify the asking price.
“In the sales agreement, it is written that there was humidity in the walls of the ground floor. They obviously wanted to include that there was humidity in all the walls of the house. But, it is not stipulated anywhere that the facade is porous. However, in the report on the final market value (the proposed sale price), this is included. For our part, we never had this sheet. We received pieces of the market value report, but the sheet which shows the strong points and weak points of the house, we did not have it”said Sébastien.
“Our lawyer tells us that there is no point in turning once morest the agency. We don’t know what to do, but we don’t have 25,000 euros to put into work. It’s getting worse and worse because, like all the walls downstairs are full of humidity, there is moisture throughout the house. Upstairs, spots of mold appear behind the cupboards and which appear in the windows. We heat the house, but we also have to manage to ventilate it, but not too much, so as not to bring in even more humidity from the outside. It’s a hellish cycle. We don’t know what to do anymore.”
Now that Sébastien has been able to gather all the documents relating to the sale of his home, can he still turn once morest the seller? We asked the question to Renaud Grégoire, the spokesperson for Notaire.be.
“The fact that it is indicated in the deed of sale, that there is the presence of humidity in the house, is an element which will strongly prevent the buyer from being able to turn once morest the seller. We will reply that it was well indicated. Now, if it was indicated that there was a little humidity and that it was a known problem, but in reality the extent of the humidity is such that it is a hidden defect, it is not impossible to turn once morest the seller, but it is obviously more difficult.”
And to add: “If it appears that there is a desire to conceal an obvious defect under the pretext that there were some damp spots, we might possibly call into question the seller’s liability but it will be complicated work from the moment when the deed contains a mention according to which the property is affected by humidity. This clause reverses the trend. The buyer, who wants to hold the seller responsible, can establish that the extent was never mentioned. If the house is not habitable because the level of humidity is such that we cannot do anything regarding it, it might be a defect, but it will be complicated to establish it.”
Sébastien says he did not receive the expert report before purchasing his home. Should the real estate agency have provided him with this document?
“Today, in Belgium, there is no no obligation to submit an estimate report. This is a subject that might evolve. It’s interesting the idea of being able to make it compulsory to draw up a report when putting a property up for sale.”believes Renaud Grégoire.
“The fact that the seller had a report in his hands, which specified that the house would be worth a little less because of the humidity problems, was not an element of responsibility on his part. He is not obliged to communicate it. The responsibility of the agency does not seem to me to be in question because the real estate agent intervenes at the request of the seller. We can possibly ask him to communicate what information he has given in order to be able to support the information received , but I don’t see how the real estate agent would be responsible for anything.”
What solution(s) might be offered to this new owner?
“It’s difficult to say without knowing the ins and outs but, if at the time of the discussions, it becomes clear, and it will be difficult to prove, that it was said that there was a little humidity, while there is a big humidity problem, I understand that the buyer feels completely cheated. If it has been said that there is a humidity problem and there is not really of surprise, the sellers considered that they had always been transparent regarding the fact that there was humidity… It is complicated to know the end of the story without having participated in the discussions which preceded the sale. By going to court, the chances of success are slim, but you have to know the context well to make a judgment.”concludes Renaud Grégoire.
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