The duty to investigate is about what you, as a buyer, are expected to look into before purchasing a property. This is where confusion often arises. What could you reasonably have seen? What should you have asked about? And when does responsibility lie with you as the buyer?

In this article, we explain what the duty to investigate means, how it works in practice, and where things often go wrong.

What does the duty to investigate mean?

The duty to investigate means that, as a buyer, you are responsible for examining the condition of the property yourself. You are expected to assess what you can reasonably know before making a final decision.

This usually happens during the viewing. You walk through the property, take in your surroundings, and form an impression. At the same time, you are expected to pay attention not only to atmosphere and space, but also to signals that may indicate maintenance issues, defects, or risks.

The duty to investigate is not about uncovering every possible issue or predicting hidden defects. It is about acting logically and carefully based on what is visible and what raises questions.

In short: if something stands out, it is your responsibility to take notice and follow up on it.

What falls under the duty to investigate?

The duty to investigate covers what you can reasonably observe or find out before buying a home. What this includes varies per property, but several aspects almost always play a role.

The visible condition of the property

During a viewing, you are expected to pay attention to what is visible, such as:

Cracks in walls or ceilings.

• Damp spots or discoloration.
• The condition of window frames, windows, and doors.
• The finish of the bathroom and kitchen.
• The overall impression of maintenance.

If these issues stand out, they fall within your duty to investigate.

Signals that require extra attention

Sometimes there is no obvious defect, but there are signs that suggest something may be going on. For example:

• A musty smell.
• Recent paintwork in one specific area.
• Cracks that appear to have been concealed.
• Visible repairs.

These are signals where it is logical to ask further questions or take a closer look.

Information from the property listing

The property listing is also part of your duty to investigate. Photos, descriptions, and disclosures provide information about the home. If specific details or remarks are mentioned, you are expected to take them into account when forming your assessment.

Asking questions and considering the answers

The duty to investigate also means asking questions when something is unclear. For example about:

• Previous maintenance.
• Renovations.
• Known issues.
• The age of installations.

The answers you receive become part of the overall picture you form of the property.

Duty to investigate and duty to disclose

In addition to the buyer’s duty to investigate, there is also a duty to disclose on the seller’s side.

The duty to disclose means that a seller must inform the buyer of known defects that are relevant to the purchase. This mainly concerns information that a buyer cannot easily see or discover on their own.

In practice, these two duties complement each other. As a buyer, you may expect important information to be shared, but that does not remove your responsibility to look carefully and ask questions yourself.

Which duty carries more weight always depends on the situation. In disputes after a purchase, the duty to investigate and the duty to disclose are often assessed together.

Where does it often go wrong in practice?

Issues rarely arise because of one major mistake. More often, problems develop due to small assumptions made during the buying process.

Common situations include:

• Signals are noticed but not investigated further.

• First impressions are trusted too quickly.

• Answers from the seller are not recorded.

• Doubts are postponed or ignored.

• Observations remain “in your head” instead of being documented.

Time pressure often plays a role during viewings. Homes sell quickly, and buyers are reluctant to miss out. As a result, warning signs may be underestimated or overlooked.

Later, it may turn out that certain issues were visible or that there was reason to look more closely. Without documentation, it becomes difficult to show how you reached your decision at the time.

How can you properly fulfill your duty to investigate?

The duty to investigate does not have to be complicated. It mainly comes down to paying attention and recording what you see and hear.

You can do this by:

• Deciding in advance what you want to look out for.
• Writing down questions you want to ask.
• Noting signals as soon as you see them.
• Recording the seller’s answers.
• Saving photos and information from the listing.

If something raises doubts, you do not have to investigate everything immediately. The key is to consciously decide whether further investigation is needed.

By adding structure, you maintain oversight. You know why you make certain choices and can demonstrate that later if needed.

How SIGHTLY can help with your duty to investigate

Fulfilling your duty to investigate requires careful observation and documenting what is visible. In practice, this can be difficult, especially during short viewings.

SIGHTLY helps homebuyers approach this in a structured way by identifying visible risks and attention points per room based on the property listing and our AI system. This allows you to view a home more purposefully, ask better questions, and have a clear overview of what stands out and where further investigation may be needed.

SIGHTLY does not replace a building inspection, but it helps you determine at an early stage whether and where follow-up research is advisable.

Conclusion

The duty to investigate is not about knowing everything or eliminating every risk. It is about carefully handling the information that is available when assessing a property.

By paying attention, asking questions, and documenting what is visible, you can avoid much uncertainty later on. It helps you make better decisions during the buying process and provides clarity if questions arise afterward.

The goal is clarity and overview, so you can make a decision with confidence and peace of mind. That matters when making one of the biggest purchases of your life.