The Golden Deadline: 6 Months
Many buyers are unaware that the Civil Code establishes a very strict deadline: you have 6 months from the handover of keys to claim for hidden defects. After this time, the action expires and you lose the right.
The 3 Requirements of the Hidden Defect
Not every defect is claimable. For a judge to consider it a 'hidden defect', it must meet three conditions:
- Hidden: It must not have been visible during the visit. If it was evident (a huge crack), it is assumed you bought knowing it. Note: If you are an expert (architect, builder), the criteria is stricter.
- Serious: It must make the home unfit for use or decrease its value so much that, had you known, you would not have bought it or would have paid much less.
- Pre-existing: The defect must have existed before the purchase, even if it manifested later. This is where the expert report is vital to prove the age of the damage.
Possible Legal Actions
If the requirements are confirmed, you can choose:
- Redhibitory Action: Undo the purchase (return the apartment and recover the money + expenses).
- Quanti Minoris Action: Keep the property but demand a price reduction proportional to the repair cost.
Conclusion
If you discover a serious defect, do not wait. Document everything, do not repair anything yet, and call a judicial expert immediately to certify pre-existence before the deadline runs out.