SELL, RENT AND FREE RATE
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GUIDE TO PROCEEDING WITH CONCEALING VICES

You finally have your home, it has taken you time and effort to find it but it is now yours. You are excited and happy, however, soon after you discover something. The house that seemed to be perfect for you has damp, leaks or maybe even cracks. You have bought a house with hidden defects, i.e. with flaws that are undetectable to the naked eye and only become known after some time has passed since the purchase.

First of all, you should know that you are entitled to claim compensation. This will depend on whether or not the defect is considered to be a serious one.

It will be a serious defect if it makes it impossible to use the property, if the value of the property is reduced or if the buyer would not have paid for it if he had known about the defect.

In this situation, and according to our Civil Code, the seller of the property is responsible, for which it is necessary for the buyer to make the claim. The first step to do so is to initiate an official communication with the former owner through, for example, a burofax (this way it will be demonstrated that you have informed them). If the former landlord does not respond or does not solve the problem, you can opt for mediation or even start legal proceedings as long as you are within the time limits, which are:

If the property is second hand or is more than 10 years old, you have 6 months from the delivery of the house. Whereas if the property is newly built, or is less than 10 years old, the terms will depend mainly on the type of damage, which are:

  • Structural damage à This refers to damage affecting the foundations, beams, load-bearing walls... and which directly jeopardise the stability of the building. The term will be ten years from the delivery of the property.
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  • Defects of habitability à These are those that compromise the habitability requirements of the home, for example, insulation problems or incorrect waterproofing of the home. The term will be three years from the date of delivery of the property.
  • Finishing defects à Those referring to defects in floors, paintwork…. The deadline is one year from the date of delivery of the house.
  • To claim for hidden defects you have two different ways: to withdraw from the contract and ask the seller to return what you paid, or to ask for a price reduction to compensate for the hidden defects.