Expert assessment of hidden defects (vicios ocultos) in homes

A vicio oculto is a defect existing when you bought the home, undetectable through a normal examination and serious enough to make it unsuitable for use, or such that you would not have bought it or would have paid less had you known. Article 1484 of the Código Civil, Spain's Civil Code, sets this out. Typical examples are damp concealed by paint, leaks appearing only during rain, or damaged drainage beneath the floor.

Article 1490 of the Código Civil, Spain's Civil Code, sets a very short deadline: six months from delivery of the home. Document the defect and consult a solicitor immediately rather than waiting. Other actions may have longer periods, such as contractual breach where delivery differs from the agreement, or the guarantees under the Ley de Ordenación de la Edificación (LOE), Spain's building law, for new homes. Your solicitor must assess the appropriate route.

Yes. Article 1485 of the Código Civil, Spain's Civil Code, makes sellers liable for hidden defects even if unaware of them. Where they did not know, the contract may exclude liability; where they knew and concealed the defect and the buyer chooses to end the sale, they must additionally compensate for losses. Examine the contract and gather evidence of the seller's knowledge, such as earlier repairs or complaints to the owners' association.

An expert report should establish three things: that the defect exists and what it consists of, supported by measurements and photographs; that its origin predates purchase, through technical indications assessed together, such as a pipe that has deteriorated over years or old stains under fresh paint; and that it was not visible to an ordinary buyer at the time. Adverts, viewing photographs, messages with the seller and invoices for previous renovations also help support the evidence.

It can, and this is a common example. If the seller painted over active damp before the sale, it was invisible during viewings and appeared shortly afterwards, the defect was concealed and existed before the sale; if it is also serious, it is a hidden defect, and the paint may suggest that the seller knew. The expert report measures moisture, identifies its source and, where possible, provides indications, assessed together, that the paint was applied after the damage it conceals.

Yes, if urgent for safety or to prevent further damage, but first create a complete record using an expert report, photographs and videos, and notify the seller where possible so they can inspect it. Repairs without evidence make the original condition difficult to prove. Keep repair invoices to demonstrate costs. Ideally, the expert should inspect the defect before anything is altered.

This depends on the action. A price reduction claims the loss in value caused by the defect, usually calculated in practice from repair costs. Ending the sale seeks reimbursement of the purchase price and expenses and, if the seller knew of the defect and concealed it, any proven losses as well, such as accommodation costs it caused. The expert report values each item needed to remedy the defect using real prices.

It describes each defect with photographs and measurements, analyses its origin and age to establish that it predates sale, explains why the buyer could not see it, values repair item by item and sets out conclusions. A perito judicial, an expert witness in Spain, signs it. It is prepared for negotiating with the seller or submitting in court, with the possibility of the expert attending trial to explain and ratify it.