What is a hidden fault?
Hello Lawline, I recently purchased a house built in 2000. There were two besiktningsman inspections done on the house prior to purchase that found no faults. Two weeks after moving in, we discovered a leak in the ceiling. A water damage specialist informs us that the leak has been there for more than one year, but impossible to detect. A plumber took apart the piping and found the pipe in bad shape - multiple leaks, corrosion, oxidisation. The plumber suspects the whole pipe is damaged and it, and possibly others in the house, need replacing. Since we discovered the damage less than 30 days after moving in, the previous owners insurance will pay for all water damaged. They will not pay for replacing any pipes though (copper pipes are 17-18 years old), or for construction to remove pipes were there in no water damage. Our mäklare says that because the pipes are more than 15 years old, dolda fel will not pay either. Does this case sound like a potential hidden fault, and if so, is the 15 year old rule for pipes and dolda fel correct? Many thanks!
Lawline svarar
Hello!
Thank you for turning to Lawline with your question.
I will divide the answer up in two parts. First whether the faulty pipes can be regarded as a hidden fault and second if the seller can be held responsible for such a fault, both questions are regulated in Jordabalken (JB).
Is there a hidden fault at hand
For the pipes to be faulty according to law the followling conditions must be at hand:
1. The pipes were faulty at the time of the purchase.
2. Does your house correspond to what was agreed in the contract and did you as buyers have reason to believe that the pipes were faultless.
3. The fault was not detected in an inspection (4 kap 19 § JB). As buyers you have a far-reaching duty to inspect the house before buying to avoid responsibilty.
From what you have written I have made the conclusion that the pipes were already faulty when you bought the house, that you had no reason to believe that the pipes were faulty and that it was not detetcted in a inspection.
According to a case by the supreme court the duty to inspect does not go so far as to involve a obligation to break in to spaces, eg. an attic with no door (NJA 1984 s.3). In your case the faulty pipes could be argued to be a hidden fault, enhanced by the fact that the leek was imposible to detect.
In conclusion the faulty pipes are a hidden fault that you can hold against the seller.
Who is responible
A fault can not be held against the seller if it is invoked 10 years after the buyer has taken over the house (4 kap 19 b § JB). Thus the brokers claim that you as buyers are responsible for the fault is incorrect. The time is measured from when you moved in to the house not from when the pipes were installed.
This is a fault that you would be able to get a price reduction for (4 kap 12 §).
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Best regards,
