What do I do if defects appear after buying my own home?

Analysis: The legal situation regarding new construction vs. existing buildings

To successfully assert claims for defects after purchasing your own home , you need to understand the legal basis of your purchase .

Existing properties : "Sold as seen"

When buying an older house, it is common practice to exclude all warranties in the contract (disclaimer clause). This means that the seller is not liable for defects after the purchase of the home .

• The logic is this: A private seller cannot offer a warranty on a 30-year-old roof. You buy the house as is.
• The exception (fraud): The exclusion of warranty does not apply if the seller fraudulently concealed defects after the purchase of the home . Example: He painted over the mold in the basement shortly before the viewing without actually solving the problem.
• Burden of proof: If you discover such defects after purchasing a home , you must prove that the seller knew about them and deliberately concealed them. This is often difficult, but it's the only recourse for existing buildings .

New buildings: The SIA standards and the law of obligations

New buildings are a different story. Here you have warranty claims. The standards of the Swiss Society of Engineers and Architects (SIA Standard 118) usually apply.

• Two-year complaint period: If SIA standard 118 applies, you can report defects in your home within two years of purchase. You don't have to rush to the authorities if you see a scratch.
• 5 years for hidden defects: For defects after the purchase of a home that only become visible later (e.g., a leaky facade), a period of five years applies.
• Immediate notification obligation (Swiss Code of Obligations): Attention! If the SIA standard is not stipulated in the contract, the strict Swiss Code of Obligations (Swiss Code of Obligations) applies. Here, you must report defects after purchasing your own home. Report immediately upon discovery (within 2-3 days).

Procedure: The correct process for dealing with defects after purchasing a home

Whether it's a new or old building: as soon as you discover damage, time is of the essence. Professional action is essential.

1. Documentation: Secure evidence

Feelings don't count in court, facts do.

• Photos and videos: Thoroughly document any defects after purchasing your home . Photograph the crack in the wall with a tape measure next to it to show its size.
• Log: Note exactly when the defects occurred after purchasing your home (e.g., "Water ingress on October 12th after heavy rain").

2. The notice of defects: form and content

The most important step is the complaint.

• Written notification: Never report defects after purchasing a home solely by phone or WhatsApp. Always use a registered letter.
• Addressee: For new buildings, your contact person is usually the general contractor (GC), not the individual tradesperson. For older buildings (in cases of fraudulent misrepresentation), it is the seller.
• Content: Describe the defects after purchasing your home precisely ("water stain in the living room, top right," not "roof is leaking"). Demand their repair within a reasonable timeframe.

3. Overt vs. Hidden Defects

There are two categories of defects after purchasing a home :

• Obvious defects: These are visible upon handover (e.g., a cracked tile). They must be recorded immediately in the handover protocol. If you sign the protocol without reservation, these defects are considered approved after purchase of the home – you will no longer have any recourse.
• Hidden defects: These only become apparent later (e.g., a defective underfloor heating system). As soon as you notice such defects after purchasing your home , you must report them.

4. The buyer's rights

If defects are acknowledged after purchasing a home , you have three options (rescission, price reduction, rectification):

• Remedial work: This is standard practice for new buildings. The contractor is allowed to repair defects after the purchase of a home .
• Price reduction: If a repair is impossible or disproportionately expensive , you can reduce the purchase price. You will receive money back for the diminished value due to defects after purchasing your home .
• Rescission: Withdrawal from the purchase contract. This is only possible in cases of extremely serious defects after the purchase of a home that render the house uninhabitable, and is extremely rare in practice.

Special case: Fraudulent misrepresentation in old buildings

This is the most frequent point of contention regarding defects after purchasing an existing home .

You buy a house, and three months later the basement is damp. The seller invokes the exclusion of warranty.

• Your chance: You find out that the neighbor already spoke to the seller about the problem years ago. Or you find moldy plaster behind a newly installed drywall partition.
• The procedure: These are classic examples of defects fraudulently concealed after purchasing a home . The seller is liable in these cases, even with an exclusion clause. You must report the defect immediately and, if in doubt, consult a building expert who can confirm that the damage has existed for a long time and has been cosmetically concealed. Without an expert opinion, it is difficult to enforce claims for such defects after purchasing a home .

Prevention: How to avoid defects after buying your own home

The best thing is to avoid arguing in the first place.

• Building expert during handover: Take an expert with you when handing over a new building or inspecting an older one. They will spot defects after you buy your home that you might miss.
• Construction lien: A special case of defects after purchasing a home (legal defect). If the general contractor doesn't pay the tradespeople, they can register a lien on your house. Protect yourself by making payments directly to the tradespeople or by demanding a performance guarantee from the bank.

Conclusion

The question "What do I do if there are defects?" requires a cool head and quick action. Defects after purchasing a home are annoying, but often solvable if you know the rules of the game.

For new builds: Use the allotted time for reporting defects and document everything in writing. For older buildings: Warranty disclaimers are powerful, but they can be overridden by malicious intent. Be suspicious of freshly painted basement walls. If in doubt, consulting a lawyer or building expert is cheaper than being stuck with the costs of serious defects after purchasing your home . Your property is your asset – consistently protect its value against shoddy workmanship and cover-ups.

If you need support with documenting damage or want to know if a specific damage is covered by the warranty in order to enforce your claims for defects after purchasing your home , Loft offers digital templates for defect notices and access to expert networks.

Glossary

• Defects after purchase of a home: Collective term for physical or legal defects in a property that reduce its value or suitability for its intended use.
• Notice of defects: The formal, written notification from the buyer to the seller/contractor about defects found after the purchase of a home .
• Warranty exclusion: Contract clause (usually in older buildings) that excludes the seller's liability for defects after purchase of a home. excludes , except in cases of malice.
• Fraudulent misrepresentation: The deliberate concealment or hiding of known defects after the purchase of a home by the seller in order to induce the buyer to complete the transaction.
• SIA Standard 118: Rules of the Swiss Society of Engineers and Architects, which are often agreed upon for new buildings and provide for more buyer-friendly notification periods for defects after the purchase of a home than the Swiss Code of Obligations (OR).