How to claim for hidden defects in the purchase of a property?

You buy a property and later discover defects that you didn't know were there. What can you do? To find out, read on!

Buying a home is an operation that involves a very high financial outlay, so it is important to be very well informed of the rights you have as a buyer. For example, what happens when you buy a property with hidden defects?

What are hidden defects?

They are defects in things that cannot be located at the time of the sale, that appear later and that give you the right to claim the repair of the property or the cancellation of the contract.

- They must be defects of a considerable nature that prevent the normal use of the property or that would have prevented the buyer from acquiring it or would not have done so with those conditions or for that amount.

- They must be hidden, that is to say, they must not be identifiable to the eye of the buyer and according to his technical preparation. Because of this, on specific occasions case law has considered that the professional experience of the buyer may invalidate the appreciation of a hidden defect.

- They must be pre-existing to the purchase of the property, even if they appear later. And it is up to the buyer to prove this.

How can you claim for hidden defects?

Article 1484 of the Civil Code states that the seller is obliged to remedy hidden defects. On this basis, the buyer can exercise two types of actions:

A) The "Acción Redhibitoria".

This consists of requesting the termination of the contract due to non-performance by the seller. The latter will be obliged to reimburse the costs to the buyer. Also, if the seller was aware of the existence of the defects and did not notify the buyer, compensation for damages may be requested.

B) The "Accion Estimatoria or Quanti Minoris".

The buyer can ask for a reduction of the price due to hidden defects in the property.

In order for you to choose between one action or the other, as the buyer you have a period of six months from the delivery of the property. This period can only be interrupted by the filing of a lawsuit.

Please note!

It is possible to waive the claim for hidden defects. For this reason, it is advisable to check the purchase contract with a lawyer before signing it to verify that it does not include a clause waiving the claim.