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News
How should I proceed in case of hidden defects when buying a home?
 13

  AUG

How should I proceed in case of hidden defects when buying a home?

Faced with the need, and often the urgency, to sell their home, the owners can become masters of hiding the hidden defects in their property. However, the law protects you as a buyer, so we will explain how to proceed if you detect them.

What requirements must be met to be able to claim hidden defects in a purchased home?

It is entirely possible to get the seller to pay for the hidden damage fixes on the real estate they have sold if the following requirements are met:

It must have been hidden: the damage must have been practically impossible to detect with the naked eye. There is a caveat in this regard and this is that, if the buyer has a profession linked to the damage, he will not be able to claim it. This means that, for example, if a plumber acquires a property, he will not be able to claim hidden defects related to plumbing. This exception extends to all professions or trades related to the home, such as carpentry, masonry and electricity, and has been created because it is understood that by working in the area, you have the necessary knowledge to detect imperfects.

It must have existed prior to the sale: any damage that is generated after the sale is finalized will not be considered in any claim.

It will have to be serious: a serious hidden vice is considered to be one that compromises the quality of habitability of the property. That is, it must be a defect that drastically decreases the value of the home.

How are hidden vices claimed?

There are two ways to claim the hidden defects of a home, the choice of which will not depend on us, but on the extent of the damage:
Redhibitory action: implies the total reimbursement of the amount of the house, which renders the purchase-sale contract without effect, in addition to the fact that the former owner must reimburse you for the expenses you incurred for the purchase of the house beyond the price selling. This action is applied when the hidden vice makes it impossible to inhabit the property.
Quanti minoris action: consists of claiming a partial refund of the purchase-sale value, for the repairs that you will have to carry out. This action is used when the damage is serious, but it does not compromise habitability.

In both cases, a judicial expert will go to the property to assess the state of the property to present a report on the scope of the hidden defects.
Diseñado por CRM Inmovilla

Responsable: Palper 2010, SL

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Responsable: Palper 2010, SL

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Derechos: You may use your right to access, modify, suppress, oppose, transfer or withdraw your consent on your personal data through the email info@solucionesinmobiliarias.eu

Responsable: Palper 2010, SL

Finalidad: To handle information requests through the website, aiming to offer real estate professional services and to give information about what’s requested.

Legitimación: The legitimacy is based on the consent you gave us when clicking the button “I accept the data protection policy”.

Destinatarios: Your data won’t be transferred to anyone, if not for legal obligation.

Derechos: You may use your right to access, modify, suppress, oppose, transfer or withdraw your consent on your personal data through the email info@solucionesinmobiliarias.eu

Responsable: Palper 2010, SL

Finalidad: To handle information requests through the website, aiming to offer real estate professional services and to give information about what’s requested.

Legitimación: The legitimacy is based on the consent you gave us when clicking the button “I accept the data protection policy”.

Destinatarios: Your data won’t be transferred to anyone, if not for legal obligation.

Derechos: You may use your right to access, modify, suppress, oppose, transfer or withdraw your consent on your personal data through the email info@solucionesinmobiliarias.eu