Party-Appointed Expert Report
LEC art. 335
Hidden Defects Expert Report
Property transactions · CC art. 1484
Serious non-apparent defects in property transactions. Evidence of pre-existence within the 6-month warranty period. Civil Code art. 1484. Habitability.
Civil Code art. 1484Non-apparent defectsWarranty periodPre-existenceRedhibitory action
What are hidden defects
Serious non-apparent defects in a property sale that prevent adequate use of the property. Regulated under CC arts. 1484 et seq.: right to rescind (redhibitory action) or reduce the price (estimatory action). They must be serious, pre-existing to the sale and unknown to the buyer.
The 6-month deadline
CC art. 1490 establishes 6 months from delivery to exercise legal actions. The expert report must be obtained within this period to technically evidence the existence, severity and pre-existence of the defect. If you have just discovered the problem, time is against you: contact us as soon as possible.
§ 06 · Frequently asked questions
Before commissioning a report
01 What is the deadline to file a claim?
6 months from property delivery (CC art. 1490). It is essential to act within this period.
02 How is it proven that the defect pre-dates the purchase?
Through technical analysis of the degree of development of the pathology: the age of dampness or the evolution of a crack allow pre-existence to be evidenced.
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