Guarantee – Guarantee of the client TM

There is always the question, or rather the statement, that damage occurring in the Community must be covered by the 10-year guarantee, and that it must be covered by TM.

To everyone’s regret, I must clear up the misconception.
My wisdom comes from Susana Barco-Schulz, a lawyer who has written an article on this subject. I will summarize the info shortly, but link to the article below.

After a building inspection, the prospect of a possible guarantee is very limited, at least for a part of defects. After this acceptance of the building, the buyer can no longer or only to a very limited extent hold the seller (contractor) liable for obvious or obvious defects – both construction defects and construction faults.

Warranty claims for liability for construction defects in the case of hidden weak points expire by the way six months after the handover of the object for sale.
This refers to the date of the actual handover of the house.

The situation is different if the building decays due to construction faults.
This refers to the infamous 10 years from the date of acceptance of the building, during which claims can be asserted against the contractor.

By the way, only the guarantee granted by the supplier or manufacturer is ever granted on in-house equipment.

This means for our community that irrigation systems, pumps, etc. are not subject to the
always mentioned 10 year warranty. That’s why the train has left our community.

Of course, should our pool, a block or a house collapse this year (2018), we could make a claim.

Article about construction defects by Susana Barco-Schulz, lawyer