PapaPapa wrote:
I looked it up and it seems that as a private seller you can mention that you give no warranty on the object being sold.
It’s about the same in Germany for private sales (“bought as seen”) but if there are any hidden defects that were known to you and you didn’t mention them, the seller can get compensation. However he has to prove that you knew about it. (With cars and planes this is usually easy because maintenance companies have to notify you about defects they find.)
Peter wrote:
so they can sue the surveyor
You cannot sue the surveyor unless he has cheated or done something unlawful. What a surveyor does is letting the seller purchase an insurance in case the buyer sues the seller for some “hidden” fault. That’s how it works here at least.
what_next wrote:
that were known to you and you didn’t mention them, the seller can get compensation.
I suppose we’re still a bit off-topic here, but if they are know to you, then it’s outright fraud… there’s no “as seen” or “hidden defect”.
There’s the obvious problem of proof though.
But often issues can be a recurring problem.
There is a problem.
It’s to the engineer.
He says it’s fixed.
It appears to be fixed and then reoccurs a while later.
The seller could be selling because they’ve sunk too much money into trying to fix something that just keeps reoccuring. But they can “honestly” say that it had no fault when they sold it, as the engineer has looked at it, disgnosed the fault and fixed it. Though in their mind, they were probably sure that it woudl reoccur in a few weeks/months.
@dublinpilot And doesn’t it stink of fraud to you? Withholding information so you can presumably sell it for higher price? If the repeated replacements/ repairs were properly logged and the prospective owner had access to those logs, then all is fine in my view (you’re not withholding it, you’re just not pointing it out). Provided you didn’t lie, obfuscate, etc.
Peter wrote:
Same with a house (which is why people get a survey done, so they can sue the surveyor) and same with a plane.
This just proves how different the legislation is – even within the EU. In Sweden, the seller of a house has responsibility only for defects that can’t be detected with a careful inspection. So most buyers hire a consultant to inspect the house for them and in the case the consultant doesn’t catch something (s)he should, s(he) is liable.
PapaPapa wrote:
I suppose we’re still a bit off-topic here, but if they are know to you, then it’s outright fraud… there’s no “as seen” or “hidden defect”.
There’s the obvious problem of proof though.
As a house seller, you have to answer any questions to the best of your knowledge, but you’re not required to volunteer information.
LeSving wrote:
You cannot sue the surveyor unless he has cheated or done something unlawful. What a surveyor does is letting the seller purchase an insurance in case the buyer sues the seller for some “hidden” fault. That’s how it works here at least.
In Sweden you can. The surveyor has his/her own insurance to cover such cases.
Notable differences between countries! Here in the UK there is no recourse for the buyer even if he can prove the (private) seller knew about the defects. The only recourse is if the seller made specific warranties e.g. said the engine was overhauled in 2013 but actually it was not.
but if they are know to you, then it’s outright fraud… there’s no “as seen” or “hidden defect”.
Of course it is fraud but fraud (of dishonesty if you like) is standard practice in private sales of cars, houses, planes, boats, etc… Most people will do it because they know they will not have to deal with the buyer ever again. You would not do it to a friend of yours (well, some would 
).
The original topic – a prebuy engineer’s liability – is the most interesting however. Any input on that?
@dublinpilot And doesn’t it stink of fraud to you?
Yep. But I suspect it’s common enough.
Peter wrote:
Notable differences between countries! Here in the UK there is no recourse for the buyer even if he can prove the (private) seller knew about the defects.
I will have to sell my car in the UK then 
Peter wrote:
The original topic – a prebuy engineer’s liability – is the most interesting however. Any input on that?
Just did some reading: German law distinguishes between two types of experts: A privately hired expert (the one we are talking about here) can be held fully liable by his client (and even other parties not initially involved who rely on his report) for every error and omission he makes. He really needs watertight contracts and a good insurance. On the other hand, an expert who has been summoned by a court is only liable for errors made out of gross negligence or on purpose.
