Hidden defects in Spanish property sales: your rights and how to claim

You buy a flat, you sign, and a few weeks later you discover it has serious damp that the seller knew about and didn't tell you. Or that the electrics are in such a poor state that they need a complete overhaul. This is a vicio oculto (hidden defect), and the Código Civil (the Spanish Civil Code) gives you specific rights to claim. Here is a practical guide.

What exactly a hidden defect is

The Civil Code defines hidden defects as defects that make the property unfit for its intended use or that reduce its use to such an extent that, had the buyer known about them, they would not have bought it or would have paid a lower price. Three requirements: (1) the defect must exist at the time of the sale, (2) it must not have been detected in a normal inspection, (3) it must be sufficiently serious.

What you can claim and within what deadline

The action for hidden defects lapses 6 months after the property is handed over (art. 1490 of the Civil Code), not from when the buyer discovers the defect. You can choose between the acción redhibitoria (rescission of the contract and return of the price) and the acción estimatoria (a proportional reduction in the price). If the seller knew about the defect and didn't disclose it, you can also claim damages.

How to document and claim

• Document the defect with photos and videos as soon as you detect it
• Hire a technical expert to certify the defect, its origin and its age
• Send the seller a formal claim by burofax (a certified letter with proof of content and delivery). It does not interrupt the 6-month period, which is a strict time limit (plazo de caducidad)
• If no agreement is reached, take legal action through the court of first instance

The role of the guarantee in new-build purchases

With a new build, the developer guarantees: 1 year for finishing defects, 3 years for defects affecting habitability, and 10 years for structural defects. These periods are longer than the Civil Code's 6 months and apply automatically under the Ley de Ordenación de la Edificación (LOE, Spain's Building Act).

Avoid surprises: Always have a professional pre-purchase inspection carried out before signing. Read what it should include and analyse the asset with RadarPro.