Buying and selling a home is one of the most important decisions a person can make in his or her life. However, this process can be plagued with problems, especially if the hidden defects that may exist in the property are unknown. Hidden defects are those defects that are not visible to the naked eye and that can negatively affect the habitability or value of the property. In this article, we will discuss the definitions and most common types of hidden defects, the differences between new and second hand homes, the deadlines to detect and claim these defects, the importance of having a lawyer specialized in real estate law and some tips to prevent their appearance. With this information, we hope to help buyers make informed decisions and avoid future problems with their property.
1.Definition of hidden defects in the purchase and sale of dwellings.
Hidden defects in the purchase and sale of homes are those defects that are not visible to the naked eye and that may affect the habitability or the value of the property. These defects can be structural, such as foundation problems or cracks in the walls, or non-structural, such as problems with the electrical or plumbing installations. Furthermore, these defects may be known or unknown to the seller, but in both cases, the buyer has the right to be informed of them before making the purchase.
It is important to note that hidden defects must meet three requirements to be considered as such: they must be unknown to the buyer, they must predate the sale, and they must be serious enough to make the property uninhabitable or significantly reduce its value. Otherwise, they are not considered hidden defects and the buyer has no right to claim.
In the event that hidden defects are detected in the property, the buyer may demand that the seller repair the defects or pay financial compensation. It is important to note that the buyer must prove that the defects already existed at the time of the sale and that they were not reported by the seller. Therefore, it is recommended that a thorough inspection of the property be carried out before signing the purchase contract.
In summary, hidden defects are defects not visible to the naked eye that may adversely affect the habitability or value of a property. The buyer has the right to be informed of them before making the purchase and can demand repairs or compensation if they were not informed. Therefore, it is important to have specialized legal advice to avoid future problems with the property.
2.Most common types of hidden defects
There are several types of hidden defects that are common in the purchase and sale of homes. One of the most frequent is the problem of dampness, which can be caused by leaks in the roof, insulation problems or problems with the plumbing installations. Dampness can be hazardous to health and can significantly reduce the value of the property.
Another common type of hidden defect is a structural problem, such as cracks in the walls or problems with the foundation. These defects may be difficult to detect with the naked eye, but can seriously affect the habitability and safety of the property.
Problems with electrical or plumbing installations are also common in home sales. These defects can cause significant damage to the property and can even cause fires.
In addition, problems with thermal or acoustic insulation can also be considered as hidden defects. Poor insulation can cause significant energy losses and increase heating or air conditioning costs.
In summary, there are several common types of hidden defects in the purchase and sale of homes, including problems with humidity, structural problems, problems with electrical or plumbing installations, and problems with thermal or acoustic insulation. It is important that the buyer performs a thorough inspection of the property before signing the purchase contract to detect these defects and avoid future problems with the property.
3.Differences between second-hand and new housing in relation to hidden defects.
There are some important differences between second-hand homes and new homes in relation to hidden defects. In the case of new homes, it is less likely that there will be structural defects or problems with the installations, since the construction is more recent and has been carried out according to stricter safety and quality standards. However, in some cases, there may be problems related to the lack of thermal or acoustic insulation or to the poor quality of the materials used in the construction.
On the other hand, in second-hand homes, it is more common to find hidden defects due to the natural wear and tear of the property and the prolonged use by former owners. In addition, on many occasions, sellers do not inform buyers of these defects in order to avoid reductions in the sale price.
On the other hand, it is important to note that new homes are usually covered by legal and technical guarantees that protect the buyer against possible defects. These warranties usually last for several years and cover repairs or compensation for defects detected after delivery of the property.
In summary, new homes are less likely to have structural defects or problems with installations, but may have problems related to thermal or acoustic insulation or the quality of the materials used. On the other hand, second-hand homes are more likely to have hidden defects due to the natural wear and tear of the property and prolonged use by previous owners. It is important that the buyer performs a thorough inspection of the property before signing the purchase contract in both cases.
Deadlines for detecting and claiming hidden defects in the purchase and sale of housing.
In the sale and purchase of homes, it is important to take into account the deadlines for detecting and claiming hidden defects. According to or established in article 1484 of the Civil Code, the term to be able to claim the hidden defects is of a maximum of six months for second hand houses. This term of six months begins to count from the moment in which the delivery of the property is made to the buyer. Therefore, whoever buys the property has this period to detect and claim any hidden defect that affects the habitability or the value of the property. If it is a structural defect, this term is extended to ten years.
It is important to note that the buyer must prove that the defect already existed at the time of the sale and was not reported by the seller. Therefore, it is recommended that a thorough inspection of the property be made before signing the sales contract.
If a hidden defect is detected, the buyer must notify the seller in writing and request repair or financial compensation. If the seller does not respond or does not comply with his obligations, the buyer may go to court to claim his rights.
It is important to note that if the buyer does not detect the defects within the period established by law, he loses his right to claim. Therefore, it is essential for the buyer to carry out a thorough inspection of the property before signing the purchase contract and to have specialized legal advice to avoid future problems.
In summary, the buyer has a period of six months to detect and claim hidden defects in the property after its delivery. If it is a structural defect, this period is extended to ten years. It is essential for the buyer to carry out a thorough inspection of the property before signing the purchase contract and to have specialized legal advice to avoid future problems.
5.Importance of hiring a real estate agency specialized in real estate law to deal with claims for hidden defects.
The purchase and sale of a property is a complex process and can be fraught with problems, especially if you are unaware of any hidden defects that may exist in the property. Therefore, it is essential to have legal advice specialized in real estate law to address claims for hidden defects.
A real estate agency specialized in real estate law can help the buyer to detect possible hidden defects before the purchase, carry out a thorough review of the purchase contract and advise the buyer on his rights and obligations in case of detecting any defect after the delivery of the property.
In addition, the real estate agency can assist the buyer in drafting a formal letter to the seller to inform him of the defects detected and request their repair or financial compensation. In case the seller does not respond or does not fulfill his obligations, the lawyer can represent the buyer in court and defend his rights.
It is important to emphasize that having a serious and experienced real estate agent significantly reduces the risk of future problems in the property and increases the chances of success in case of a claim.
In summary, hiring a lawyer specialized in real estate law is essential to deal with claims for hidden defects in the purchase and sale of homes. The lawyer can help the buyer detect possible defects prior to purchase, advise on their rights and obligations, draft a formal letter to the seller and represent the buyer in court if necessary.
6. Tips to prevent the appearance of hidden defects when buying a home
To prevent the appearance of hidden defects in the purchase of a property, it is important to follow some practical advice. First of all, it is recommended that the buyer perform a thorough inspection of the property before signing the purchase contract. It is essential to check the state of the electrical and plumbing installations, the structure of the building, the state of the walls and ceilings, and any other element that may affect the habitability or value of the property.
In addition, it is important to ask the seller for all documentation related to the property, such as energy certificates, technical reports or age certificates. This information can help the buyer to detect potential problems and make an informed decision about the purchase.
Another important tip is to have legal advice specialized in real estate law. A lawyer can help the buyer to review the purchase contract and to detect possible abusive or illegal clauses. In addition, the lawyer can advise the buyer about his rights and obligations in case of detecting any defect after the delivery of the property.
Finally, it is essential that the buyer does not get carried away by rushing or pressure from the seller. Buying a home is a complex process that requires time and patience. It is important that the buyer is clear about what he is looking for and that he does not rush his decision.
In summary, to prevent the appearance of hidden defects in the purchase of a property, it is essential to carry out a thorough inspection of the property, request all the documentation related to the property, have legal advice specialized in real estate law and not be carried away by the haste or pressure of the seller. By following these practical tips, the buyer can avoid future problems with his property.
Conclusion: how to act in the event of hidden defects in the purchase and sale of a property.
In conclusion, the appearance of hidden defects in the purchase and sale of a property can generate important economic and legal problems for the buyer. It is essential for the buyer to carry out a thorough inspection of the property before signing the purchase contract and to have legal advice specialized in real estate law to deal with claims for hidden defects.
If a defect is detected after delivery of the property, it is important for the buyer to contact the seller in writing and request repair or financial compensation. If the seller does not respond or does not comply with his obligations, the buyer may go to court to claim his rights.
It is essential that the buyer is clear about his rights and obligations in case of detecting any hidden defects in the property. Therefore, it is advisable to have legal advice specialized in real estate law to avoid future problems.
In summary, when faced with the appearance of hidden defects in the purchase and sale of a property, it is important to act quickly and to have specialized legal advice to deal with the situation. Prevention is key to avoid future problems, so it is recommended to carry out a thorough inspection of the property before signing the purchase contract and to have legal advice throughout the process.
In conclusion, the purchase and sale of a property is a complex process that requires time, patience and specialized legal advice. Hidden defects can generate significant economic and legal problems for the buyer, so it is essential to carry out a thorough inspection of the property before signing the purchase contract and to have legal advice at all times. In addition, it is important to be clear about the deadlines for detecting and claiming hidden defects, as well as to follow some practical advice to prevent their appearance. In case of detecting any defect, it is essential to communicate it to the seller in writing and request its repair or financial compensation. If the seller does not respond or does not fulfill his obligations, the buyer can go to court to claim his rights. Prevention and prompt action are key to avoid future problems in the property.