Have you bought a second-hand property and discovered that the wooden beams are infested with woodworm or that there is a leak you didn’t know about? These are two examples of two cases in which you could claim for defects. In this post we tell you how hidden defects are regulated in the Catalan Civil Code.
Buying a home involves a large outlay of money for that reason it is necessary to have security in the operation. An exhaustive review of the property is one of the actions that must be carried out in order to buy safely. This review will help us to verify if there are any hidden defects which, if we had known about them, we would not have made the sale or we would have asked for a reduction in the price. If the review is not carried out, the possibility of claiming for hidden defects arises.
The most frequent hidden defects include the following:
– Existence of aluminous cement, termites or pests, significant cracks in walls and partitions, detachment of bricks.
– Non-functioning pipes, defects in the functioning of the electrical network.
– Restrictions on access to common elements such as lifts.
– Unknown precarious occupation of the dwelling by third parties.
– Existence of an extraordinary payment in the community that was approved by the General Meeting prior to the conclusion of the purchase contract for the property.
– Dampness in the property affecting its habitability.
How are hidden defects regulated in the Catalan Civil Code?
Since the approval in 2018 of the sixth book of the Civil Code of Catalonia, the sale and purchase of real estate in Catalonia is subject to the Catalan Civil Code and not to the Civil Code of common law.
The particularities in the regulation of hidden defects in the Catalan Civil Code are as follows:
The seller’s obligations are as follows:
– Delivery of the property and its accessories.
– Provide the buyer with all the information about the property, based on good faith.
– To hand over all documentation relating to the property and its accessories.
– Also, to hand over the property without delay and in accordance with the agreed deadline.
– To deliver the property in accordance with the contract.
As a consequence of the above, the first thing to know is that the Catalan Civil Code does not use the expression hidden defects, but rather it talks about whether or not the property is in accordance with the signed contract. For the property to be in conformity with the contract, the property must be able to be used as such.
The defects must appear once the sale of the home has been completed and there must have been no possibility of knowing them before said sale. In this aspect there are no differences between the regulation of the Catalan Civil Code and the common law Civil Code.
The defect must be serious enough to mean that the home is not habitable or very uncomfortable.
The buyer, once it is detected that the good does not conform to the contract, has the following rights:
– Desist from the sale and recover the price paid through the so-called redhibitory action.
– Request repair of the property.
– Request a reduction in the purchase price based on any hidden defects that exist. In this case the action “quanti minoris” is used.
– Request compensation for damages if it is proven that the seller knew about the hidden defects in advance and hid them deliberately.
What deadlines does the buyer have to claim for hidden defects in the Catalan Civil Code?
In relation to hidden defects, the Catalan Civil Code establishes that a claim can be made for defects in two periods:
– Good at the time the defect appears. If this case occurs, the buyer has a period of two years to inform the seller of his non-compliance with the contract, due to the appearance of defects. The so-called “disclosure” is essential to be able to claim through a legal claim before the court later and involves reliable notification to the seller to communicate the lack of conformity and the cause of this lack of conformity, so that the seller has the opportunity to voluntarily provide a solution to the problem.
– Or when the defect has already been revealed. In this case, the buyer has three years from the date on which he made the notification to reveal the defect, to file the appropriate legal action.
How to act in the event that there are hidden defects in the purchased home?
We must distinguish two moments in which the buyer can act in relation to the hidden defects of the home:
Before the sale
The buyer, before purchasing the home, has the possibility of carrying out an exhaustive study to detect hidden defects or defects. In this sense, you can count on the help of real estate consultants, experts or architects and lawyers, to carry out a legal and technical analysis of the home, so that if there is a defect or defect it is detected before the sale. In this way, a solution can be sought such as correcting or repairing the defect or defect or reducing the price.
After the sale
In this case, it is necessary to have the help of a lawyer who is an expert in real estate law and in claiming hidden defects, who advises on how to reveal and communicate to the seller the existence of the defect or defect and on the drafting and filing of the legal claim to claim repair, refund of the price or resolution of the sale.
Steps to claim for hidden defects in the home
In the event that hidden defects are detected in the home, the following steps can be followed:
– Preparation of a legal or technical report to assess the damage and determine the amount that can be claimed.
– Communication to the seller that there is no conformity with the home that has been sold to us with respect to the contract that was signed. The communication must make it clear what the hidden defect exists and what the buyer’s claim is regarding that hidden defect (repair, compensation, resolution of the sale, etc.)
– Start of the procedure. In the event that an agreement is not reached with the seller or the seller refuses to accept the buyer’s request, the corresponding lawsuit must be filed and the procedure must be initiated in court. During the process an agreement may also be reached between buyer and seller.
– Execution of the sentence. Depending on the sentence handed down by the court, enforcement must be requested if the seller (in the event that he is convicted of hidden defects) does not comply voluntarily.
As you have seen, if you have bought a home in Catalonia since 2018 and you detect hidden defects, you will have to apply the Catalan Civil Code with the particularities that we have detailed. To do this, it is necessary to study all the circumstances of the case to verify if you comply with the legal requirements and can claim for hidden defects.
