Asbestos found after buying a house

instagram viewer

It is well known that asbestos can cause cancer. However, this building material was used in many houses until the 1980s. When buying a house, it is therefore essential to ensure that the seller plays with open cards.

The presence of asbestos constitutes a material defect which, on the one hand, entitles the holder to contest it according to § 123 BGB and, on the other hand, according to §§ 437 No. 3, 280 para. 1, 281 para. 1 BGB or §§ 311 Abs. 2 no. 1, 241 para. 2, 280 para. 1 BGB can oblige the seller to pay damages. The BGH has expressly made it clear that a material defect also exists if a common building material such as asbestos was previously used, but was later recognized as harmful.

If you discovered asbestos after buying a house

You can stand in front of one House purchase Always protect against defects such as asbestos when you commission an expert to provide an expert opinion. If you have not had an appraisal drawn up and you have to find out after buying the house that asbestos was used without you at the conclusion of the If you knew about the purchase contract, you can withdraw from the purchase contract and claim your money back, unless an exclusion of warranty has been agreed became.
instagram viewer
If the seller knew when selling the house that the house was contaminated with asbestos, this is fraudulent misrepresentation if he withholds the defect in spite of the duty to inform, or if asked to do something to the contrary asserts. In that case, any disclaimers are irrelevant.
Make yourself aware of the litigation risk: As the buyer, you have to prove that the seller was aware of the defect. It is sufficient, however, that the seller expected or expected the asbestos contamination and made false claims in the dark. If the seller objects that you have already been informed about the defect or Had knowledge of the asbestos deficiency, the burden of presentation and proof lies with him. The deficiency must not have been obvious to you.
If there is fraudulent deception, the seller is obliged to pay compensation for the asbestos removal. In the opinion of the BGH, claims due to fault in the contract negotiations (§§ 311 para. 2, 241 para. 2) in the case of fraudulent misrepresentation not excluded by the sales law regulations.