Claiming defects in a newly purchased property

The owner of the property is obliged to deliver the property in perfect condition for habitation. If this is not the case, you can claim for defects in the newly purchased property.

The owner is obliged to remedy hidden defects or defects in the dwelling, insofar as the damage is such as to render the property unfit for habitation.

Sometimes, when buying a property, we may encounter defects in a newly purchased property, subsequent to the purchase.  

What should we do, who should we turn to, what steps should we take? If you need more information, keep reading this article.

What can be identified as hidden defects or flaws?

This is very important in order to know how to claim for defects in a newly purchased property. Hidden defects describe a major imperfection that diminishes the quality of a property, preventing the new owner from fully enjoying the property.

The defect is so significant that the buyer, had he known about it, would probably have cancelled his promise to buy or negotiated a lower price. 

The guarantee against hidden faults or defects in a newly purchased property applies to the building and everything included in it, such as:

• A swimming pool.
• A garage.
• A fireplace.
• A warehouse, etc.

The Supreme Court assures that a series of requirements must be met in order to be able to claim, in the case of finding defects in a recently purchased property, for these to be considered hidden defects. 

In other words, a defect that causes the quality of life in the property to be reduced is categorised as a hidden defect. These are the requirements to consider a defect in the property as a hidden defect:

• The defect must be concealed. The defect must be hidden and difficult for the buyer to detect.

• Proving that the defects predated the purchase. The buyer must prove that the defect was already present in the property before the sale.

• The seriousness of the defect. The defect must be so serious that it renders the property unfit for its intended use or impairs its intended use. In this case, the customer would not have bought it or would have paid less for it if he had known about the defect.

• Claim time. The claim must be made within six months after the purchase of the property.

If the deterioration is easily recognisable, the buyer has no right to claim. The defect must be hidden to be considered a hidden defect.

These requirements are set out in Article 1484 of the Civil CodeThe seller is bound to make good hidden defects in the thing sold, if they render it unfit for the use for which it is intended, or if they so impair this use that, had the buyer known them, he would not have acquired it or would have given less price for it; but he is not liable for defects which are manifest or which are in plain view, nor for those which are not, if the buyer is an expert who, by reason of his trade or profession, ought readily to have known them".

Examples of hidden defects in a newly purchased property

Some examples of defects that can be claimed in a newly purchased property that are considered hidden defects would be:

Cracks and fissures due to foundation defects

These can be due to execution errors, design errors, structural movement or material defects.

Waterproofing defects

They can be caused by the environmental conditions of the building site. 

They can also be caused by accidents when there are breaks in the pipes between the walls and the ground. In other words, when the water used in the construction is retained and does not dry out or because of a structure that is poorly sealed and allows rainwater to flow into the building. 

The presence of woodworm in the dwelling

The insects lay their eggs in small crevices on the surface of the wood. When the eggs hatch, the larvae bore into the wood in search of cellulose and create tunnels and chambers from which an adult insect will eventually emerge.

Shortcomings in thermal insulation 

Thermal insulation reduces heat gains during the summer, shortening the use of cooling, and reduces heat losses during the winter, shortening the use of heating. 

Sometimes, thermal insulation is not carried out properly, resulting in these actions not being carried out and the dwelling not being properly insulated.

The presence of aluminous cement

Aluminosis is a pathology in which concrete loses its properties, becoming less resistant and more porous, endangering the stability of the building. 

Lifting of tiles and cracks

Tile lifting or cracking can be due to deficiencies in the material used, settlement of the subfloor, installation faults, dampness, and other accidents such as objects falling on the tiles.

Deficiency in beams

The main problems that occur in beams can be that the stresses in the lateral faces of the beam are outside the admissible limits. Sometimes, the plate may even change its design by changing the beam spacings. 

In wooden beams, moisture problems often occur.

As we can see, the damage must be aggravating, therefore, any damage to the property could not be considered a hidden defect.

Steps to take if you find defects in a newly purchased property

The procedure to be followed in order to make a claim in case of hidden defects in the property is as follows:

Assess the nature of the damage 

It is necessary to know whether the origin is a construction defect or whether, on the contrary, it is due to a misuse attributable to the buyer of the property. For this, a report to a qualified technician is required.

Notify the seller of the condition of the property

You must communicate in a written document the damages and defects caused in the property. This text must indicate the date on which the contract was made and the stipulated deadline for remedying the damage.

The seller accepts the complaint

In the event that the seller accepts the claim, the result will be quick and simple.

If this is not the case, the best thing to do is to go to the mediation office, or rather, to the Colegio Oficial de Aparejadores y Arquitectos, which will be the mediator between both parties, in order to avoid a trial.

If no solution can be found with the seller

Suppose the seller does not accept the claim or no agreement has been reached between the two parties. The buyer will have to take legal action, in such circumstances, the courts will decide who is right.

In this process it is essential, in order for the claim to be successful, we must provide evidence that verifies that the hidden defects existed before the purchase of the property.

We hope you found this article on how to claim defects in a newly purchased property useful. See you in the next articles.