Second sales of properties and hidden defects in Spain

Second sales of properties and hidden defects: legal actions

When the buyer can not avail himself of the usual, normal and ordinary profits of the acquired thing, he may exercise the action derived from the hidden defects or redhibitory vices, which refer to the vices, imperfections or defects that the acquired thing has.

Notwithstanding the above, when the defect or vice is of such seriousness that it can be considered that the delivered is something different from what was purchased, that is to say that the defect makes the thing totally unsuitable for its destination, then we will be before the action called “aliud pro alio “, whose term to exercise is of 5 years under the provisions of art. 1964 of the Spanish Civil Code.

Judges are unanimous in determining the requirements necessary for admission:

1. – Defects must be serious, hidden or not apparent.

2. – Those defects must be previous or coetaneous to the sale of the merchandise.

3. – Defects must not be susceptible to be appreciated at a glance.

4. – Action needs to be exercised within the period of SIX MONTHS

In any case, a good technical survey on the property is very advisable before buying a property
Energy efficiency conditions of the property are to be revised and certified by legal imperative since 2013

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