Hidden Defects vs. Construction Defects

Let's say you have just moved into a new home. Over time, you begin to notice problems that affect the structure and operation of your home. Some of these problems may be obvious, while others remain hidden until they begin to cause significant inconvenience. Understanding the difference between construction defects and hidden defects is crucial to knowing how to address these problems and protect your investment.

Construction Defects vs. Hidden Defects

Constructive defects are those flaws that originate during the home construction process. These defects are usually visible and may include problems such as cracks in walls, improperly installed ceilings, or uneven floors. These defects are the responsibility of the builder and, by law, must be corrected to ensure the habitability and safety of the property.

On the other hand, hidden defects are defects that are not evident to the naked eye and are generally discovered after the property has been occupied. These problems, also known as redhibitory defects, may include water leaks, internal structural problems, or deficiencies in the electrical system. Legally, these defects are covered by article 1484 of the Civil Code, which establishes that the seller is responsible for correcting hidden irregularities that compromise the proper functioning of the property sold.

Identification and Examples

To identify a construction defect, an exhaustive inspection is generally not necessary. For example, if a wall shows obvious cracks or if the roof leaks, these are problems that can be easily observed and should be corrected by the builder.

In contrast, hidden defects require a more detailed analysis. Problems such as leaks in internal plumbing or faults in the electrical system may not become apparent until a significant failure occurs. These defects may go unnoticed during the purchase of the property and only become apparent after a period of time, severely affecting the habitability of the property.

Importance of Distinction

Understanding the difference between construction defects and hidden defects is essential not only to properly address the problems, but also to know who to hold responsible and how to proceed legally. While construction defects should be addressed with the builder, hidden defects may require a legal process to claim repairs or compensation from the seller.

Conclusion

Don't let structural problems and hidden defects ruin your new home experience. Knowing the difference between these two types of defects will help you take the right steps to protect your investment and ensure the livability of your home.

If you need more information or specialized advice, don't miss the legal claim deadline and contact us, we are here to help you!