Hidden defects in a property: how to claim against the seller

If after purchasing a property in Murcia you discover serious defects that were not visible or disclosed, you may be facing "hidden defects". In these cases, you can hold the seller liable.

At García-Valcárcel & Cáceres (GVC Abogados), we help you claim effectively, with deadlines and evidence well secured.

What are hidden defects

They are serious defects, pre-existing to the sale, not appreciable at first glance by an average buyer, which render the property unsuitable for use or significantly diminish its utility. Typical examples include: structural damp, leaks from roofs or façades, aluminosis, defective installations, structural cracks, foundation issues, or infestations impacting habitability.

Applicable legal framework

The Civil Code (*Código Civil*) (arts. 1484 to 1490) regulates the remedy for hidden defects. In summary:

• The seller is liable for hidden defects even if they were unaware of them, unless they were obvious or known to the buyer.
• Buyer's actions: redhibitory (to rescind the contract and recover the price and expenses) or quanti minoris (proportional reduction of the price, as assessed by experts).
• Damages: if the seller was aware of the defects, compensation is also due.
• Deadline to exercise these actions: 6 months from the delivery of the property (a period of limitation, requiring judicial action within that timeframe).

The jurisprudence of the Supreme Court reiterates that the 6-month period is a limitation period and must be exercised judicially within it; a burofax or extrajudicial claim alone does not interrupt the limitation period.

Relation to the Building Regulation Law (LOE)

Law 38/1999, on Building Regulation (*Ley de Ordenación de la Edificación* - LOE), establishes guarantees for construction defects in new works with the following guarantee periods from the acceptance of the work:

• 1 year: completion or finishes.
• 3 years: habitability (damp, insulation, healthiness, etc.).
• 10 years: structural safety.

The action to claim under LOE prescribes 2 years from the occurrence or manifestation of the damages. It is compatible with the action for hidden defects: you can claim against the seller (Civil Code) and, if there are construction defects, also against the developer, builders, and technicians (LOE).

Key deadlines and computation

• Hidden defects (CC): 6 months from the delivery of the property. Limitation: requires filing a claim within the period.
• LOE: guarantees of 1/3/10 years from acceptance of the work; prescription of 2 years from the manifestation of the damages.
• Alternative routes in exceptional cases:
• Fraud or intentional concealment: possible action for annulment (4 years from the occurrence) if the defect is maliciously concealed.
• Aliud pro alio: when the property is useless for its intended purpose (delivery of a “different thing”), it is possible to resolve for general non-compliance with a different limitation period. It is a technical route that requires solid expert testimony.

Important: do not wait to negotiate “without a date”. Negotiate, but file a claim within 6 months if you are pursuing hidden defects.

How to claim against the seller step by step

• 1) Gather evidence from day one:
  • Expert report from an architect/engineer identifying cause, severity, pre-existence, and repair cost.
  • Date-stamped photographic and video documentation; notarial record if applicable.
  • Purchase contract, deed, advertisements/WhatsApp, emails, and prior reports if any.
  • Repair estimates and emergency invoices.
• 2) Immediate extrajudicial claim:
  • Send a burofax with text certification and acknowledgment of receipt describing defects, offering a technical visit, and formulating a claim (resolution or price reduction) with indicative quantification.
  • If the seller is a professional, request a complaints form and consider additional consumer routes.
• 3) Swift negotiation with a timeline:
  • Explore an agreement, but do not exhaust the 6-month period. Request a written agreement or preliminary agreement document.
• 4) Judicial claim within the deadline:
  • File a claim before 6 months have passed since delivery if you are pursuing hidden defects. The burofax does not suspend the expiry.
  • Consider precautionary measures if there is a risk of insolvency or loss of evidence.
• 5) Alternatives or cumulative routes:
  • If there are construction defects in new works: accumulate or direct action under the *Ley de Ordenación de la Edificación* (Building Regulation Law) against the developer, builder, and technicians.
  • If there is fraudulent concealment: consider an action for annulment and damages.

Expert evidence: the axis of the case

The expert evidence must prove that the defect was pre-existing, hidden, and severe, with a repair cost. In used properties, structural dampness or foundation-related pathologies are often paradigmatic. At GVC Abogados, we work with trusted experts in Murcia to ensure robust and defensible technical reports in court.

Who can I claim against?

• Private seller: liable for hidden defects; if they knew of the defect, also liable for damages.
• Professional seller/real estate agent/developer: case law is more demanding with professionals; responsibilities may arise under *LOE* (Building Law).
• Building agents (*LOE*): developer, builder, architect, and technical management, depending on the type of defect and the warranty period.
• Community of property owners: if the defect is in a common element affecting your home, they may be a necessary party or co-responsible.

Common mistakes to avoid

• Trusting that a burofax "interrupts" the 6-month period: it does not, it is a statute of limitations.
• Delaying the expert report: without a solid technical report, the case weakens.
• Repairing without documentation: keep samples, photos, and parts; request a counter-expertise if the other party asks for it.
• Poorly choosing the action: redhibitory or quanti minoris depending on the severity of the defect and the feasibility of resolving the contract.
• Ignoring the *LOE* in new construction: it may offer additional useful deadlines and responsible parties.

Common cases in Murcia

• Leaks from roofs or walkable terraces in attics and top floors.
• Dampness due to capillarity in ground floors and semi-basement levels.
• Defects in plumbing or sanitation installations with hidden leaks.
• Thermal bridges and condensation due to poor execution or insufficient insulation.
• Structural pathologies in old buildings in urban areas.

Our knowledge of the real estate market in Murcia and its surroundings allows us to anticipate useful evidence and potential responsible parties in each area.

Frequently asked questions

• Can I make a claim on a second-hand property? Yes, against the seller for hidden defects if the legal requirements are met. If there are also construction defects from the outset, an *LOE* action may be considered.
• What is the difference between "hidden defect" and wear and tear from use? A hidden defect is a serious pre-existing defect not noticeable at the time of purchase; wear and tear from use or poor maintenance does not generate liability for hidden defects.
• What if I signed that the property is sold "as is"? It does not eliminate liability for serious hidden defects not noticeable to an average buyer.
• What happens if the seller knew of the defect? In addition to resolving or reducing the price, you can claim damages.
• Is mediation useful? Yes, it can expedite agreements, especially if the seller is a professional. In any case, keep track of the 6-month period.

Express checklist

• Calculate the deadline: 6 months from delivery (claim within the deadline).
• Order immediate expert assessment and document everything.
• Send a burofax with a proposal (resolution or reduction) and allow inspection.
• Negotiate, but file a claim on time if there is no agreement.
• Assess *LOE* (Law on Structural Liability) and other actions (fraud, aliud pro alio) according to the expert assessment.

GVC Lawyers: comprehensive defence in hidden defects in Murcia

García-Valcárcel & Cáceres (GVC Lawyers) is a firm with a tradition since 1946 and strong practice in real estate law, obligations and contracts, civil liability, and insurance. Our team includes lawyers, jurists, and experts to build technical and effective claims, with the prudence to analyse viability before litigating.

• Viability analysis and strategy (redhibitory, quanti minoris, *LOE*, fraud or aliud pro alio).
• Expert coordination with architects and engineers in Murcia.
• Firm negotiation and filing of claims within the deadline.
• Close and transparent support throughout the process.

Address: Plaza Fuensanta, 3 – 6ºB, 30008 Murcia. Contact us and tell us your case: we will clearly inform you what you can claim and within what timeframe.

Useful connections: family and inheritances with housing

• Family lawyers: in divorces with community property affected by defects, we plan the joint strategy (use of the property, distribution of burdens, and claims).
• Inheritance lawyers: if you inherit a property with hidden defects, we help you claim and organise the partition without harming the co-heirs.
• Lawyers in Murcia: comprehensive local advice to ensure your real estate assets are well protected in all areas.

Keywords and related searches

• Hidden defects housing Murcia
• How to claim against the seller for hidden defects
• Family law lawyers Murcia
• Inheritance lawyers Murcia
• Lawyers in Murcia specialising in real estate law

Conclusion

Hidden defects require prompt action, expert evidence, and an appropriate legal strategy. At GVC Lawyers, we combine experience, technical rigor, and proximity to claim against the seller and, when appropriate, against the building agents. Call us and avoid having the 6-month deadline work against you.