Making a claim regarding defects in a recently purchased property

The property owner is responsible for ensuring that the property is handed over in a condition fit for habitation. If this is not the case, you can make a claim regarding any defects in the property you have just purchased.

The owner is obliged to remedy any hidden faults or defects in the property, provided that such damage renders the property unfit for habitation.

Sometimes, when buying a home, we may discover defects in a newly purchased property some time after the purchase has been completed.  

What should you do? Who should you turn to? What steps do you need to take? If you need more information, carry on reading this article.

What can be classified as hidden defects or faults?

This is very important to know if you wish to make a claim for defects in a newly purchased property. Hidden defects refer to a significant flaw that reduces the quality of a property, preventing the new owner from fully enjoying it.

The defect is so significant that, had the buyer been aware of it, they would probably have cancelled their offer to purchase or negotiated a lower price. 

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

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

The Supreme Court states that a number of requirements must be met in order to make a claim, should defects be found in a recently purchased property, for these to be considered hidden defects. 

In other words, a fault that results in a reduction in the quality of life within the property is classified as a hidden defect. These are the criteria for classifying a defect in a property as a hidden defect:

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

• To prove that the defects existed before the purchase. The buyer must prove that the defect was already present in the property prior to the sale.

• The severity of the defect. The defect must be so serious that it renders the property unfit for its intended use or impairs that use. In this case, the customer would not have purchased the property, or would have paid less for it, had they been aware of the defect.

• Claims period. The claim must be made within six months of purchasing the property.

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

These requirements are set out in Article 1484 of the Civil Code: “The seller shall be liable for hidden defects in the goods sold if such defects render them unfit for their intended use, or if they impair that use to such an extent that, had the buyer been aware of them, the buyer would not have purchased the goods or would have paid a lower price for them; but the seller shall not be liable for defects that are obvious or visible, nor for those that are not, if the buyer is an expert who, by virtue of their trade or profession, ought easily to have been aware of them.”

Examples of hidden defects in a newly purchased property

Some examples of defects in a newly purchased property that may be the subject of a claim and which are considered to be hidden defects include:

Cracks and fissures caused by faulty foundations

These may be caused by construction faults, design faults, structural movement or material defects.

Waterproofing faults

They may be caused by the environmental conditions at the building site. 

They can also be caused by accidents, such as when pipes running between walls and the floor burst. In other words, when water used in construction is trapped and does not dry out, or because of a poorly sealed structure that allows rainwater to seep into the building. 

The presence of woodworm in the home

Insects lay their eggs in small cracks 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 gain during the summer, thereby reducing the need for air conditioning, and reduces heat loss during the winter, thereby reducing the need for heating. 

Sometimes, thermal insulation is not carried out properly, meaning that these measures are not implemented and the property is not properly insulated.

The presence of aluminous cement

Aluminosis is a condition in which concrete loses its properties, becoming less strong and more porous, thereby jeopardising the stability of the building. 

Lifting tiles and cracks

Tiles coming loose or cracking may be due to defects in the material used, settlement of the sub-base, installation faults, damp, or other incidents such as objects falling onto the tiles.

Defects in the beams

The main problems that can arise with beams are that the stresses on the side faces of the beam may exceed the permissible limits. Occasionally, the design of the deck is altered when the spacing between beams is changed. 

Moisture problems often arise in timber beams.

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

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

The procedure you must follow to make a claim in the event of hidden defects in the property is as follows:

Assess the nature of the damage 

It is important to determine whether the problem stems from a construction fault or, on the contrary, is due to misuse attributable to the property buyer. To do this, a report from a qualified technician is required.

Notify the seller of the property’s condition

You must provide written notification of any faults and damage caused to the property. This letter must state the date on which the contract was signed and the deadline set for rectifying the issues.

The seller accepts the complaint

If the seller accepts the claim, the outcome will be quick and straightforward.

If this is not the case, the best course of action is to go to the mediation office – or rather, the Official Association of Quantity Surveyors and Architects – which will act as a mediator between the two parties, with a view to avoiding legal proceedings.

If no solution can be found with the seller

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

In this process, it is essential – for the claim to be successful – that we provide evidence proving that the hidden defects existed prior to the sale of the property.

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