{"id":28906,"date":"2024-07-25T14:26:17","date_gmt":"2024-07-25T14:26:17","guid":{"rendered":"https:\/\/www.asesoriaorihuelacosta.com\/?p=28906"},"modified":"2024-07-31T15:37:33","modified_gmt":"2024-07-31T15:37:33","slug":"claim-for-latent-defects","status":"publish","type":"post","link":"https:\/\/www.asesoriaorihuelacosta.com\/en\/claim-for-latent-defects\/","title":{"rendered":"Claim for latent defects"},"content":{"rendered":"\t\t
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You have just bought a house and when you enter you notice important defects that you could not see in the visits prior to the purchase. Remember that you can claim for latent defects<\/strong> and when you should do so, depending on whether it is a new or second-hand building…<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t\t<\/div>\r\n\t\t\t\t<\/section>\r\n\t\t\t\t

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Latent defects in second-hand housing<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t\t<\/div>\r\n\t\t\t\t<\/section>\r\n\t\t\t\t
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Defects in the dwelling<\/h3>

In a second-hand property, you can claim against the seller for hidden defects, i.e. for those defects that cannot be seen with the naked eye when visiting the property prior to purchase (such as dampness that only appears when it rains, defects in the pipes or in the inaccessible roof of the property, etc.).<\/p>

However, you will not be able to claim for hidden defects that you, given your trade or profession – if you are an architect, builder, plumber, etc. – should easily recognise.<\/p>

Serious Defects<\/h3>

In any case, the hidden defects must be pre-existing (prior to the sale) and, furthermore, they must be serious; that is to say, they must be defects that diminish the use of the property in such a way that, had you known about them, you would not have bought it or you would have bought it at a lower price (large cracks, bricks falling off, obsolete electrical installation…).<\/p>

The malfunctioning of a tap or a blown light bulb are not considered serious defects.<\/p>

Deadline for claiming hidden defects in second-hand homes<\/h3>

The period for claiming is very short; specifically, it is six months from the delivery of the property (generally, from the signing of the deed), and it is not interrupted by an extrajudicial claim.<\/p>

When making a claim, you can choose between:<\/p>