What the Law Covers Regarding Hidden Defects

The law protects the buyer in these situations. In Spain, the Civil Code establishes that the seller is liable if the property has hidden defects that render it unfit for its intended use or significantly reduce its value, provided they existed before the sale and were not visible.

For a problem to be considered a hidden defect, it must meet several requirements: it must not have been detectable in a normal inspection, it must have existed before the purchase, and it must be serious enough to affect habitability. Common examples include structural dampness, serious electrical problems, or construction defects.

The buyer has the right to file a claim, and may request a price reduction or even the termination of the contract. However, there are time limits. In general, legal action must be taken within a short timeframe after the defect is discovered, which necessitates acting swiftly.

In newly built homes, additional specific regulations come into play, establishing warranties based on the type of defect: from cosmetic issues to structural damage, with warranty periods that can extend to several years.

At Immosegur, we always recommend a technical inspection before purchasing. Although the law provides protection, proving a hidden defect is not always straightforward and can involve lengthy legal processes.

It is also important to emphasize that good faith is a key principle in this area. The seller cannot deliberately conceal relevant information, and the contract is binding not only on what is signed but also on what can reasonably be expected from the transaction. Hidden defects are regulated to balance the relationship between buyer and seller, but prevention remains the best approach. A purchase with professional advice is always a safe purchase.