When we buy a home, we are making one of the most important financial decisions of our lives. However, this process can involve certain risks, especially when it comes to discovering hidden defects—serious flaws in the property that are not visible at the time of purchase and that may lead to unexpected expenses or even render the property unusable.
According to some studies in the real estate sector, around 20% of real estate transactions involve disputes due to hidden defects that were not disclosed at the time of purchase. Therefore, it is essential to understand what hidden defects are, how they can be detected before or after the purchase, and which legal actions can be taken to protect your real estate investment.
In this article, you will find an in-depth analysis of what is considered a hidden defect in a property and how to distinguish it from an apparent defect. We also cover the most common types of hidden defects in homes, how to detect them before purchasing, the buyer’s legal rights, the deadlines for filing a claim, and several practical tips to help you avoid potential problems.
Hidden defects in a home are serious flaws or issues that are not evident during a superficial inspection or at the time of purchase, affect the habitability, safety, or value of the property, and existed prior to purchase but were concealed or not disclosed by the seller.
Common examples of hidden defects in homes include structural dampness, foundation cracks, defective electrical or plumbing installations, or outstanding debts associated with the property you intend to purchase.
Not all defects found in a house are claimable, so it is essential to know how to differentiate between apparent defects and hidden defects.
Apparent defects are visible flaws that can be noticed during a normal surface inspection, such as peeling paint. Since the buyer is aware of these defects, they are accepted when purchasing the property “as is” and therefore do not create legal liability for the seller.
Hidden defects, on the other hand, are issues that require expert technical inspection to be detected, such as broken pipes inside a wall. If these defects were not disclosed, the seller may be required to provide compensation and, in some cases, they may justify rescission of the sale, financial compensation, or repair of the defect.
For example, if you notice a roof leak during the visit, this is considered an apparent defect, as it is visible and you purchased the property knowing of its existence, meaning you cannot later file a claim for it. However, if after moving in you discover a hidden pipe leak causing dampness throughout a wall, this would be considered a hidden defect that could not have been detected prior to purchase, and you would be entitled to file a claim.
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Some factors that may lead to hidden defects include a lack of strict regulation, as many sellers fail to disclose issues to avoid lowering the property’s price. Other causes include insufficient inspections, when buyers cut costs by skipping technical assessments, or market pressure, as in high-demand areas speed is often prioritized over thorough review. It is estimated that approximately 30% of real estate legal claims are related to undisclosed hidden defects.
These types of hidden defects may include cracks in load-bearing walls or foundations, dampness caused by seepage in basements or walls, roof problems, or even balconies with a serious risk of collapse.
Dangerous electrical wiring, faulty water or gas pipes, or defective heating systems are common hidden defects. These issues can be very serious and pose a risk to the people living in the home.
These issues may include outstanding debts such as property tax (IBI), community fees, unpaid mortgages, undeclared works or construction without a municipal license, or incorrect property boundaries that could result in land encroachment.
The most common hidden defects in these categories include toxic mold, such as black mold, or pests like termites or woodworm, which are not visible to the naked eye.
Before buying, it is a good idea to hire a technical expert, such as an architect or engineer, who can identify structural problems. You should also review documents such as the energy efficiency certificate, building permits, the latest gas and electricity inspections, and a land registry report to check for outstanding debts. Additionally, it is advisable to visit the property under different weather conditions.
After the purchase, some common signs that may indicate hidden defects include persistent musty odors, unusually high utility bills (often due to leaks), or doors and windows that do not close properly, which may signal early structural issues.
In second-hand homes, the greatest risk of defects comes from aging. The seller is responsible for hidden defects, with a claim period of six months from their discovery.
For new construction, hidden defects are covered by a ten-year warranty for structural elements. The developer is responsible for construction defects, with warranties ranging from one to three years for finishes.
The Civil Code (Art. 1484) states that the seller must provide compensation if hidden defects were not disclosed.
The claim period is six months from the discovery of the defect (not from the purchase date).
Mandatory warranties provide a period of 10 years for structural defects (in new construction) and 3 years for installations such as plumbing or electrical systems.
To support the claim, photos, technical reports, or witness statements confirming the existence of the defect are required.
This must be done in writing, either by certified mail or another legally recognized written notification method.
An agreement may be reached for the seller to cover the repair costs or provide financial compensation.
If an agreement cannot be reached, you may turn to the courts or arbitration.
You may request repair of the damage, covering the cost of the necessary work, a price reduction if you choose to keep the property as is, or termination of the contract, which would involve a full refund.
If the seller knew about the defect and deliberately concealed it, they may be accused of fraud (intentional deception), which may allow claims for damages or even criminal liability in serious cases.
Yes, this can be a justifiable reason, but only if the defect is serious (affecting the safety or habitability of the home) and it can be proven that the defect existed prior to purchase.
Never skip it, even if it involves higher costs in terms of money or time.
Make sure the contract includes a clause covering hidden defects.
Review the property’s history to stay informed about past renovations, maintenance, any issues it has had, and how they were resolved.
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Hidden defects can turn the purchase of a home into a real nightmare. However, with proper prevention, professional advice, and a good knowledge of your rights, it is possible to minimize the risks and protect your investment.
If you suspect that your property has undisclosed defects, you must act quickly, as there is only a six-month period to file a claim. In more complex cases, a lawyer specialized in real estate law can be your best ally.
But don’t let these risks stop your investment plans. Now that you are well informed, you can avoid these kinds of problems and make excellent real estate investment decisions.
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Funded:
100%
616.679,01 €
Objective:
616.679,01 €
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