Humidity Problems in an Apartment: What Recourse for Buyers?

In a recent case (13442-05-20), buyers found themselves facing humidity issues in their new apartment. What are their rights in this situation?

The story begins in 2017 when a couple signed a contract to purchase a second-hand apartment in Kiryat Ata for 1.1 million shekels. In this contract, the sellers asserted that there were no hidden defects in the apartment, including no signs of humidity. On their part, the buyers certified that they had inspected the apartment and agreed to purchase it as-is after having the opportunity to have it checked by professional experts.

Shortly after moving in, the new owners noticed signs of humidity in several rooms of the apartment. Despite their complaints, the sellers downplayed the situation, claiming it was merely minor issues requiring simple paint touch-ups.

However, during the first winter, the cracks and humidity stains became more apparent, leaving the buyers with much more serious problems than anticipated. The sellers then denied any prior knowledge of humidity issues in the apartment.

Feeling deceived, the buyers decided to sue the sellers. They sought compensation for damages caused by humidity, as well as repair costs, estimated at over 260,000 shekels.

The court's decision favored the buyers. The judge ruled that the sellers were aware of the humidity issues and should have disclosed them before the sale. Consequently, the sellers were ordered to pay a sum of 249,385 shekels for repairs and the emotional distress suffered by the buyers.

This case underscores the importance for buyers to thoroughly inspect a property before purchasing it. It also highlights the obligation of sellers to disclose all known defects in their property, even if they believe them to be minor. Merely stating that buyers had the opportunity to have the apartment inspected by an expert does not absolve the sellers.

It is crucial to emphasize that sellers have a legal obligation to act in good faith when drafting the clauses of the sales agreement. This means they must disclose all known defects and issues with the apartment, even if they appear minor. By neglecting this obligation, sellers risk legal action and significant compensation, as was the case in this instance.

In conclusion, if you are considering purchasing a property, make sure to enlist professionals to inspect the property and request detailed information about its condition before finalizing the sale. This can help you avoid trouble and unexpected expenses in the future.