They want to sue me for hidden defects in the house
Although selling a property can be a satisfying experience, it can also bring significant legal complications if problems arise after the sale. One of the main situations occurs when someone claims "I am being sued for hidden defects in the property". Therefore, it is essential to understand what these defects are, how to have avoided this situation, and what steps to take to defend yourself properly.
What are hidden defects in housing?
When someone says "they want to sue me for hidden defects in the property" they mean that the buyer of the property has detected serious defects that were not visible at the time of purchase but affect the habitability or the value of the property.
Examples of hidden defects can be:
- structural problems
- sanitary defects
- damage to electrical installations
- damage to the plumbing system (leaks and dampness)
- damage to coatings, floors, walls
- poor insulation
- problems with the air conditioning or heating system
What is the legal framework that regulates hidden defects?
In article 1484 of the Civil Code, it is detailed that it is the seller who bears responsibility for these defects, even if they were not aware of them. Furthermore, aggravating circumstances are considered if they were aware, did not inform, and acted in bad faith.
What are the consequences of a complaint for hidden defects in a property?
These defects may lead the buyer to demand:
- termination of the sales contract: in serious cases of uninhabitability, the sales deed will be terminated, with the buyer recovering the money they had paid.
- compensation for the costs of the problems that the buyer has had to resolve.
- claim: to request a solution to the problem of hidden defects in the property that involves some compensation, reimbursement or repair.
- reduction of the sale price to compensate for the hidden defects in the property.
How can the seller defend themselves?
There are laws and legal regulations that can protect you such as:
Deadlines for claims for hidden defects in housing
It is important to know that after signing the sales contract you have 6 months to make your claim if the property is second-hand.
In the case of new-build homes, the period is one year for finishing defects, three years for habitability issues, and ten years for structural problems.
Article 1490 of the Civil Code:
“The actions arising from the provisions of the five preceding articles shall expire after six months, counted from the delivery of the sold item.”
The conformity of the good and hidden defects in the sale according to the Civil Law of Catalonia
In the Catalan regime, the conformity of the sold good constitutes one of the essential pillars of the sale. Book Six of the Civil Code of Catalonia does not explicitly use the expression "hidden defects," but incorporates its treatment within the lack of conformity, with a more complete regulation adapted to the European Directives incorporated by Decree Law 27/2021.
The good is in conformity with the contract when it meets the agreed characteristics, the expected quality and functionality, and when it is suitable for the uses typical of a good of the same kind. Article 621-20 CCCat establishes specific criteria to determine conformity, while Article 621-21 regulates conformity in the case of defective installations, a particularly relevant case in newly built or renovated homes.
Any defect not appreciable to the naked eye, prior to delivery and that prevents the normal use of the property, can be considered a lack of conformity, thus equating to the classic notion of hidden defect. The buyer must notify the seller without undue delay of the existence of the defect. In consumer sales, the minimum period is two months from when it is detected.
The remedies for lack of conformity are broad: repair, replacement, price reduction or contract termination, in addition to compensation for damages and losses. All these actions prescribe after three years from when the buyer could have known about the lack of conformity (art. 621-44 CCCat), with the period being suspended during repair or replacement.
This regulation, more modern and protective, offers buyer and seller a clear and secure framework to resolve conflicts arising from hidden defects in real estate.
Presumptions of liability
The buyer will not be responsible if:
- the defects were visible or could be detected
- the buyer is an expert or professional in the field of problem detection
- the problems appeared after the delivery of the property
Ways to resolve the generated conflict
An agreement can be reached and the problem resolved with the buyer, or the complaint can be rejected and the intervention of the Colegio de Aparejadores y Arquitectos requested, who will prepare an objective report. After the report from the professionals of the Colegio, if the hidden defects are still not accepted, judicial confrontation will be necessary.
Other recommendations
In addition to checking the legal deadline for reporting hidden defects in a property, provide evidence that you informed about the defects or argue that the hidden defects occurred after the sale.
Likewise, it is advisable that you can provide photographs of the property at the time of sale (if they serve as evidence) so that its condition can be verified, and even witnesses who knew the condition in which the property was. Keep all the documentation you provided in the sale and related certificates.
How can the buyer defend themselves?
In this case, the best option is to test the defects through an expert's report.
How to avoid claims for hidden defects in a property?
During the sales procedure, one of the main actions is the visit to the property being purchased, along with a thorough inspection to avoid problems.
However, to process an appropriate sales deed, the submission of the proper documentation for the procedure is an essential requirement. In this case, the certificate of occupancy, energy certificates, and other documents provide the necessary information to understand the condition of the property.
Learn more about these documents here:
Conclusion
The best way to avoid situations where you are accused of hidden defects in a property is to always opt for transparency in the buying and selling process.
As we have indicated, signing the deed at the notary ensures that both parties have the security of a formal procedure where all essential documentation is reviewed.
This step protects the buyer, who accesses the necessary information, and the seller, who demonstrates having acted in good faith. In this way, the notary becomes a space of guarantees that prevents later claims. Visit our notary in Barcelona to buy or sell a property and receive specialised advice safely and without surprises.
