Buying a property in highly sought-after areas such as Torrevieja or Orihuela Costa is a dream come true for many. However, this process can turn into a nightmare if serious defects appear after the keys are handed over. These defects, which were not visible at first sight, are legally known as hidden defects.
What is considered a hidden defect?
To be claimable, a defect must meet three fundamental requirements according to the Spanish Civil Code. In the first place, the damage must exist prior to the sale. Secondly, it must be serious. This means that, had the buyer known about it, they would not have purchased the property or would have paid less for it. Finally, the defect must be hidden. Consequently, if the buyer is an expert (such as an architect or technician) and the fault was detectable, the claim may not succeed.
Legal deadlines for claiming in Spain
It is crucial to act quickly. For this reason, you should know that the deadline to claim for hidden defects in properties for second-hand homes is only 6 months from the delivery of possession. In contrast, if it is a new build property, the deadlines are governed by the Building Act (LOE). This law offers longer periods depending on the type of damage.
The claim process in Torrevieja and Orihuela Costa
If you detect structural damp, serious cracks, or installation failures after your purchase, the first step is to obtain an expert report. Subsequently, our team at Orihuela Solicitors will send a burofax to the seller to attempt an amicable solution.
In the event that the seller does not accept responsibility, we will initiate legal proceedings. The buyer then has two options: the actio quanti minoris (a price reduction proportional to the defect) or the termination of the contract if the home is uninhabitable.
In conclusion, do not let a construction defect ruin your investment. We are experts in real estate law and are here to defend your interests. If you believe you are a victim of hidden defects in properties, contact us today for a professional evaluation of your case.
