16.000€ after claiming for Hidden Defects

He bought a second-hand villa house and, after settling in it, discovered a series of problems in the electrical installation and in the solar thermal installation. The proof of hidden defects that are considered serious. Find out how this series of unforeseen events was dealt with.

In January 2022, our client purchased a detached house in Marbella and, shortly after, filed a claim against the seller because the electrical installation had significant faults, as well as the solar system for hot water. For these defects, he claimed more than 12,000 euros, based on the expert report that one of our technicians carried out after the client's request. In addition, it had been agreed that some appliances, lamps and the interior of the built-in closets would be included in the sale and purchase; and finally they were not delivered (another 6,500 euros claimed).

He took legal action for hidden defects. The requirements for hidden defects to be recognized in a sale are:

1. The defect must be prior to the sale and significant. So that, if the buyer had known the defect, he would not have made the purchase or would have negotiated a lower price.
2. The defect must be hidden, not visible to the naked eye. There is a subjective aspect with respect to the buyer: if the buyer is an expert, it is less likely to be recognized, since he should have detected it.
3. The time limit to claim for hidden defects is 6 months. In cases where the defect is so serious that it renders the property unusable for its intended purpose or significantly diminishes its value, it is possible to bring an action for rescission of the sale on the grounds that the seller has delivered a different good from the one intended to be purchased. In these cases, the term is longer. Therefore, when faced with problems in the purchased property, it is crucial that a good lawyer analyzes the legal actions to be taken in order to increase the chances of success.

In the case we are commenting on, the seller argued that our client knew the situation before the purchase and that this was stated in the deed, which included the following mention: "the buyer declares to know and accept, having inspected it before the public deed of sale, as well as the operation of the facilities and technical equipment which he receives to his satisfaction".

According to the seller, there was a problem of lack of maintenance of these installations, but not a defect per se.

At first instance, the claim was partially upheld as to the installations, but dismissed as to the appliances, light fixtures and built-in cabinets, for lack of evidence of non-compliance. The seller's appeal led the Malaga Provincial Court to analyze the evidence.

The client visited the house before buying it in the company of an architect. The architect focused on design issues, not on the functioning of the electrical installation. It was not possible to inspect the interior of the electrical systems on an ordinary visit, and the problems arose after some time in use, not immediately. The technical report confirmed that the defects were the result of improper installation carried out in different partial refurbishments and lack of maintenance.

The Court considered the defective installation to be a significant impairment to the use of the dwelling and upheld the conviction on that point.

Regarding the solar thermal installation, the report submitted by our client showed that there were some broken pipes on the roof-terrace. The seller claimed that this was visible to the naked eye and that it was not proven that they were broken at the time of the sale, arguing that they were maintenance issues of the new buyer.

The installation could not be verified during the pre-purchase visit due to lack of access. The fact that the energy efficiency certificate indicated the existence of the hot water installation did not imply that it was in good condition. The judges confirmed that it was a hidden defect and rejected the seller's appeal, who was finally ordered to pay 16,000 euros to the buyer, in addition to the costs.

Finding hidden defects after the purchase of a property is always a hard emotional and economic blow. However, from Valido Home we always recommend to act to assert our rights.

If you are about to buy a second hand property, we strongly recommend that you carry out a technical inspection but, if on the other hand it is too late for this and you find yourself in a similar situation to our client, do not let the legal claim period pass and contact us as soon as possible. Call us and we will study your case without obligation.