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Hidden Defects in Purchase: Rights and Claim Deadlines

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Purchase document with magnifying glass
Hidden defects must be claimed within the established legal deadlines.

What are Hidden Defects?

According to the Civil Code, a hidden defect is a serious defect that was not apparent at the time of the sale and that renders the item unfit for its use or diminishes its value such that, had the buyer known of it, they would not have acquired it or would have paid a lower price.

Legal Requirements

For a defect to be considered a hidden defect it must be:

  1. Existing at the time of sale (even if it manifests later)
  2. Not apparent during an ordinary inspection
  3. Serious, compromising the normal use of the property
  4. Unknown to the buyer

Common Examples of Hidden Defects

  • Serious structural problems (cracks hidden by cladding)
  • Persistent dampness due to capillarity or leaks
  • Foundation defects (differential settlements)
  • Hidden defective installations (plumbing, electricity)
  • Concrete cancer (aluminosis) or reinforcement corrosion

Claim Deadlines

Redhibitory Action (Contract Resolution)

  • 6 months from delivery to report the defect
  • You can demand the return of the price and resolution of the sale

Estimatory Action (Price Reduction)

  • 1 year from delivery
  • A proportional price reduction is demanded

IMPORTANT: These deadlines are for expiry, not prescription, so they cannot be extended.

The Role of the Expert Report

A technical expert report is essential to:

  1. Prove that the defect existed at the time of purchase
  2. Prove that it was not apparent during an ordinary inspection
  3. Assess the severity of the defect and its impact on the property value
  4. Quantify the cost of repair
  5. Provide solid technical evidence in court

Claim Strategy

  1. Document immediately the defect (photos, videos)
  2. Request an expert report as soon as possible
  3. Notify the seller via certified fax (burofax) of the discovered defect
  4. Negotiate an amicable solution (repair or price reduction)
  5. If there is no agreement, file a lawsuit before the deadline expires

Conclusion

Time is crucial in claims for hidden defects. An early expert report can make the difference between recovering your money or keeping a defective property.

Have you discovered a serious problem after buying your home? Contact us immediately to assess your case.

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