You’ve bought a property, but soon enough… damp patches, electrical faults, or cracks show up that not even the best real estate filter could hide. Are you facing hidden defects in the property? More importantly: can you claim this legally?
At Legal Allies, we’ll explain what hidden defects are in property purchases in Spain, how to detect them, what you can claim, and the deadlines involved. Spoiler alert: you’re not alone, and you definitely have rights.
What Are Hidden Defects in Property Sales?
Hidden defects are serious flaws that:
- Already existed before the purchase.
- Were not visible or detectable during a normal inspection.
- Affect the normal use of the property or reduce its value.
- Were not disclosed by the seller.
Common examples:
- Internal damp or hidden leaks.
- Structural issues (cracks, foundation problems).
- Faulty electrical or plumbing systems.
- Undisclosed termites or infestations.
Note: If you knew about the issue before buying, you can’t claim it as a hidden defect.
When Can You Claim Hidden Defects After Buying a Property?
You’re entitled to claim if the defect meets the conditions above and significantly affects the property’s use or value. You also need to prove the defect existed before the sale, even if it wasn’t visible.
Also:
- In private sales, the Spanish Civil Code applies.
- For new builds, you can claim against the developer or builder within deadlines set by the Building Regulation Law (Ley de Ordenación de la Edificación).
What Are the Time Limits?
Here come the key deadlines:
- You have 6 months from the delivery of the property to claim against the seller for hidden defects (Article 1490 of the Spanish Civil Code).
- For new builds:
- 1 year for cosmetic flaws.
- 3 years for habitability issues.
- 10 years for structural defects.
Legal Allies Tip: Don’t wait. The sooner you detect the defect, the easier it is to claim.
What Can You Claim?
It depends on the nature and severity of the defect:
- Price reduction: if the damage can be repaired.
- Contract termination: if the defect is so serious that you wouldn’t have bought the property if you’d known.
- Compensation for damages: if the seller knew about the defect and hid it (bad faith).
How to Prove Hidden Defects in a Property?
- Expert report: crucial to prove the defect’s origin, severity, and date.
- Photos, videos, invoices: document everything.
- Conversations with the seller: especially if they admitted anything before or after the sale.
- Witnesses: neighbors or technicians who saw the issue.
What If the Seller Acted in Bad Faith?
If you can prove the seller knew about the defect and concealed it, you can claim not only for repairs or termination but also additional compensation for the damage suffered.
This is considered a fraudulent hidden defect and carries more serious legal consequences.
How Can Legal Allies Help?
At Legal Allies, we won’t let your dream home turn into a legal nightmare. We offer:
- Personalized advice to assess if you can make a claim.
- Drafting of claims and negotiation with the seller or developer.
- Access to trusted technical experts to strengthen your case.
- Legal representation in court if an amicable resolution isn’t possible.
If hidden defects appear after buying a home, don’t give up: the law is on your side. Claiming in time and with proper guidance could save you thousands of euros and a lot of headaches.
Trouble after buying your home? Legal Allies has the perfect tool: legal knowledge… and a good wrench.
