When we buy a house, we usually focus on what we can see: size, design, location, or price. That’s normal. But sometimes there are hidden problems that we can’t detect at first glance, which can affect its use or value. These are called hidden defects. Here we explain what they are, how to detect them, and what to do if you find one.
What is a hidden defect?
A hidden defect is a flaw that isn’t immediately apparent but exists and can cause problems in the future. According to the law, these issues must have been present before buying the house and be severe enough to decrease its value or hinder its normal use.
For example, imagine there’s a water leak inside a wall that you didn’t notice during your visit. Over time, that moisture could damage the structure. If you had known about it beforehand, you might have negotiated a discount or chosen another option.
Common issues when detecting hidden defects
- Dampness and leaks: These are very common, especially in older homes. They often occur behind walls, ceilings, or floors and may go unnoticed during a quick visit. Over time, moisture can weaken structures, create mold, and affect the health of occupants.
- Cracks and structural defects: Not all cracks are serious, but some may indicate major stability issues in the building. These cracks are often hidden under paint or coverings and can expand if not properly repaired.
- Electrical issues: Old or poorly maintained installations can cause short circuits and fires. Often, faulty wires and connections aren’t visible, so it’s crucial to inspect the electrical system before buying.
- Insulation deficiencies: Poor thermal or acoustic insulation can make a house uncomfortable. It might be difficult to keep it warm in winter or cool in summer. Additionally, poor acoustic insulation can lead to noise problems from outside or neighbors.
- Pests: The presence of termites, woodworms, or rats can go unnoticed in a superficial inspection. However, these issues can cause significant damage to wooden structures or create unsanitary conditions.
How to detect hidden defects before buying
It’s not always easy to detect hidden defects, but there are measures that can help minimize risks:
1. Hire an expert: A professional surveyor can conduct a thorough inspection and detect hidden issues. They use tools like moisture detectors, thermal cameras, or electrical testers to identify concealed problems.
2. Review the technical inspection report: In older buildings, this report is mandatory and provides information on the general condition of the structure and installations. Checking if the property has passed this inspection can give you peace of mind or alert you to pending issues.
3. Perform specific tests: Even if you’re not an expert, you can do some basic checks during your visit. For example, touch the walls to check if they feel cold or damp, test the sockets to ensure they work, and open and close windows and doors to confirm they function properly. These signs can indicate deeper problems.
What to do if hidden defects appear after purchase?
If you discover a hidden defect after buying the property, you have the right to claim compensation. The law allows you to seek solutions with the seller, even if they were unaware of the problem. You can choose to:
- Return the house and get your money back. This is known as a rescission action and applies if the defect is severe enough to invalidate the purchase.
- Negotiate a price reduction. If you decide to keep the house, you can claim a reduction proportional to the repair costs.
- Request repairs. In some cases, you can ask the seller to cover the repair costs or even manage the repairs directly.
Deadlines for filing claims for hidden defects
It’s important to act quickly.
- For sales between individuals, you have 6 months from the date of delivery of the property.
- For new properties:
- 10 years for structural issues.
- 3 years for defects affecting habitability.
- 1 year for aesthetic defects.
Steps to file a claim
- Assess the issue: Call an expert to prepare a detailed report.
- Contact the seller: Explain the defect in writing and request a solution.
- Seek legal assistance: If no agreement is reached, you may need a lawyer to take the case to court.
Knowing what to do about hidden defects can save you time, money, and headaches. If you have any doubts, seek professional advice as soon as possible. At 1mast, real estate agents in Fuengirola, we’re here to guide you through the process and help you make informed decisions.
