Hidden defects

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.

It must be hidden, meaning not apparent to an average buyer through ordinary observation; predate the sale, even if it appears later; and be serious enough to prevent or substantially impair use of the home or materially reduce its value. The buyer must not have known about it. If any requirement is missing, a vicios ocultos claim will not succeed, although other legal routes may be available.

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.

The Código Civil, Spain's Civil Code, offers two options. Acción redhibitoria means ending the sale, returning the property and recovering the price and expenses. Acción estimatoria, or quanti minoris, means keeping the home and requesting a proportionate price reduction. If the seller knew of the defect and failed to disclose it, and you choose to end the sale, article 1486 adds compensation for damages. The expert report values repair costs, which help calculate the reduction.

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.

Not as a vicio oculto, a hidden defect. The seller is not liable under that route for visible defects or those the buyer knew about, since the purchase is understood to have accepted them, perhaps for a lower price. Inspecting before purchase allows findings to be negotiated beforehand, while an issue undetectable through professional examination supports its hidden nature. Defects actively concealed by the seller can be claimed.

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.

For new builds, claims normally use the Ley de Ordenación de la Edificación (LOE), Spain's building law. It provides one year for finishing defects, three for habitability defects and ten for structural damage from reception of the work, with two years to claim after damage appears. These periods are broader than the six months for vicios ocultos, or hidden defects. Your solicitor will choose the most favourable action for your circumstances.

Notify them in writing with evidence of the date and content, for example using burofax con certificación de texto, a Spanish service certifying the communication's text. Describe the defect, when it appeared and your request: repair, a price reduction or cancellation of the sale. Attach the expert report, if available, or state that it can be provided. A solicitor can draft the demand so that it does not prejudice a later claim.

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.

Yes. The Código Civil, Spain's Civil Code, applies hidden-defect liability to any sale, including sales between private individuals. The difference is that a contract may limit liability if the seller did not know about the defects. Knowledge and concealment prevent that limitation from protecting them. If you buy from a business as a consumer, consumer legislation also protects you against unfair contract terms.

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.

They can qualify if the infestation existed before sale, was located in concealed areas such as inside beams, frames or timber floors, and causes significant damage. Termites can seriously affect structural timber. The expert report documents damage, its extent and approximate age. It should be complemented by a pest-control company's report identifying the species and current activity. Provide any previous treatment records supplied by the seller alongside the technical report so the available background is clear.

This is a typical hidden-defect situation because a viewing in dry weather reveals nothing. Leaks after purchase may be claimed where there are signs that the problem already existed, such as repainted old stains or earlier roof repairs. Record every episode with photographs and dates, and arrange inspection promptly, preferably just after rainfall where possible, so that active moisture can be measured.

It depends. If the defect concerns a communal element such as the façade, roof or soil stacks, repair falls to the comunidad de propietarios, the owners' association. However, you may have a claim against a seller who knew of a serious building problem, such as an approved special charge or a defect already discussed at a meeting, and concealed it. Meeting minutes are key evidence alongside the technical damage report.

Hidden-defect liability rests with the seller rather than the intermediary estate agent. The agent would be liable only for breaching its own obligations, for example knowingly providing false information about a defect or concealing it. In practice, the claim is directed at the seller. If there are signs that the agency participated in concealment, your solicitor will assess whether to include it.

Generally not. Home policies cover sudden, unforeseen damage such as a burst pipe or fire and usually exclude construction defects, wear and damage predating the policy. They may cover resulting damage, for example water from a broken pipe affecting your home or a neighbour's, depending on the policy. Check the terms and notify the insurer if damage has occurred. The policy wording is therefore important even when the defect itself is the subject of a separate seller claim.

Yes. Heirs selling a home are liable as sellers even if they never lived there and did not know of its defects. The contract may, however, exclude liability for defects unknown to them, which is common in inherited-property sales. That limitation does not protect them from known defects, such as damp concealed by superficial repairs. Review the deed and the arras contract, the private deposit agreement used before completion.

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.