When we bought a house in Curacao, the previous owner made a false declaration in the disclosure, hiding the fact that the swimming pool was not on the part of the property we bought, but on a green zone he used to enjoy.
I suffered a loss because at the time of the sell, three years later, I had to lower the sale price significantly.
What recourse do I have?
Thank you
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Lawyer Answers
mohammad mehdi ghanbari
I read your query regarding the real estate dispute in Curaçao involving the swimming pool encroachment and the subsequent loss you suffered.
This situation appears to be a clear case of "Non-Conformity" (Non-conformiteit) and potentially "Fraudulent Misrepresentation" (Bedrog) under the Curaçao Civil Code. Since the previous owner knowingly made a false declaration regarding the property lines (the green zone), you likely have grounds to claim compensation for the difference in the sale price, provided you act within the strict statutory time limits following your discovery of the defect.
I am a legal consultant specializing in real estate disputes and contract law. While I am not physically present in Sint Maarten, I provide comprehensive legal analysis, case strategy, and document preparation remotely at a fraction of the cost of a traditional firm.
I can assist you by:
Analyzing your original deed and disclosure documents.
Assessing the statute of limitations applicable to your specific "discovery date."
Drafting the necessary demand letters to the previous owner to initiate your claim.
Best regards,
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