The House Seemed Perfect. Then the Nightmare Began
It happens more often than one might think: you buy a property, do the pre-purchase inspections, everything seems fine. Then, weeks or months after the deed of sale, infiltrations appear, structural problems emerge, or you discover that the electrical system doesn't meet regulations and was never declared. What can you do?
Hidden Defects: What They Are and What the Law Says
A hidden defect is a flaw in the property that was not visible during normal pre-purchase viewings and that significantly reduces the value or usability of the house. Classic examples: infiltrations from the flat roof, structural problems imperceptible to the naked eye, non-compliant undeclared installations.
The Civil Code (Articles 1490-1495) provides an objective guarantee: the buyer is protected even without having to prove the seller's bad faith or negligence.
What You Need to Prove
- The defect exists and is serious (not just superficial wear)
- It was already present before the deed of sale
- It was not visible during pre-purchase inspections
- It significantly affects the use or value of the property
What You Can Demand
The law gives you two options:
- Contract rescission: return of the price and mutual restitution of the property, for particularly serious defects
- Price reduction: proportional to the loss of value caused by the defect
You can also claim additional compensation if you suffered further damages beyond the defect.
Crucial Deadlines: Act Immediately
You must report the defect within 8 days of discovery. The action prescribes in 1 year from delivery of the property. These deadlines are strict.
Not respecting them means losing the right to enforce the guarantee. At the first sign of a defect, document it immediately with dated photographs and, if possible, a technical survey. Then send written notice to the seller (registered letter or PEC) within 8 days of discovery. Finally, contact a property lawyer to assess the available remedies.