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How should one act against defects and hidden defects in homes?

When buying a house or apartment, even in the case of renting a property, you have to waste a little time checking and checking that everything is fine, there is no problem, no hidden vice or damage and that the property is in good condition. The hidden defects in housing are increasing as a result of improvement in the housing market.

However, damage to homes occurs in both new and old flats, those that are sold and those that are rented. And it is that despite the fact that the damage of second-hand flats is more frequent than in new properties, we must pay attention to hidden defects in homes since they are not usually seen with the naked eye and if we do not detect them and complain to time it is possible that later we will have problems to claim.

If you continue reading, we will inform you of the time frames you have to make claims, how to act in the case of hidden defects in new homes, but also in rental ones.

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Hidden problems and defects in homes and buildings. What do i need to know?

First of all, we must define what are the hidden defects in homes. The first thing you should know is that these errors were already there before the purchase. This is because they are usually construction or design defects and tend to appear in the long term so it is not so easy to discover them. One thing must be clear and that is that the defects or hidden defects must exist at the time of signing the contract (rental, purchase or sale) since it is understood that at that time the landlord or seller is responsible.

Therefore, we must know what the deadlines are and how to act so as not to pay money that does not correspond to us.

As we mentioned before, hidden defects in new and rental homes come from before the purchase. They are called hidden because they cannot be seen with the naked eye, and in this case the Law says that the vice must be very serious and prevent the habitability of the property. A clear example are defects in the design or the use of faulty materials that can cause detachments, cracks and fissures as well as operational problems in electrical systems, humidity and leaks.

You have to know that if you do things well and claim on time you can avoid these problems whether you have bought the house or if you have rented it. But for this, you must claim within the estimated term that varies in each case and of course, it is best to do a thorough inspection before signing anything.

The importance of checking a home before moving in

Buyers and sellers of flats are obliged to comply with and respect a series of rights and obligations to comply with the Law. And in the event of non-compliance, they may have a problem. The complicated thing about this case is that sometimes buyers do not look at the problems and hidden defects in homes such as leaks, rusty pipes or in poor condition, cracks in the walls, internal damage, and so on.

The problem with these damages is that we do not realize it until we move on to live in the apartment and discover all the flaws in the house. Therefore, and before signing the purchase-sale document, the ideal is to lose a little time and request a thorough investigation by an expert or expert. Another solution is to request guarantees in the contract or ask for advice to have the apartment checked.

And it is that although the legislation is on our side, the increase in the second-hand market together with the rental bubble makes the second-hand housing market increase, especially those older properties that are those that hide problems. But not only these, even new constructions less than 10 years ago have hidden defects and are put up for sale or rent and then it is difficult to claim the problems derived from these properties.

What happens if you buy a home and it has hidden defects?

When making claims to the owner or owner, two cases must be differentiated, rental housing and second-hand housing.

Hidden defects in second-hand homes:

The hidden defects in second - hand housing has a claim period up to half a year. The damages that can be claimed are the following:

  • Properties that suffer the effects of aluminosis or damage to the concrete that causes the loss of the properties of the concrete, making it less porous and therefore resistant, which makes the building lose stability and firmness.
  • Houses or flats with pipes in poor condition. This is one of the most common defects since it is a vice that is difficult to detect with the naked eye.
  • Problems in spills due to external works, paving of adjacent streets that affect the exterior and the good condition of the property.

To avoid problems in second-hand homes we must collect all possible technical information to prove these damages and refer to the owner or the person in charge of the work to be able to reverse the sale.

Hidden defects in rental housing:

In this case, the term coincides with that of second-hand homes, that is, it is a term of six months. Here the tenant can choose between rejecting the contract and moving or having the tenant compensate him financially with an offer or discount on the rental price. If the tenant decides to terminate the contract since an agreement is not reached, the matter can be taken to the decision of an expert who will determine if the defect or defect is serious.

The problem with using this method is that it can take time and money to have to go to trial while waiting for the expert and judicial decision. On the other hand, some rental contracts establish termination clauses for the right to fix the apartment after fifteen days or a month, so we must read the contract carefully before signing.

Hidden defects in new homes

The flaws in new properties are less common because the theory says they should not have problems. However, the practice is quite different since there are floors of recent construction that have this problem. Next, we tell you what you have to know in this case:

The term to claim material damage related to the elements of the finishing of works is up to 1 year.

The developer has an insurance that protects us for a decade from problems in materials, loading, foundations and everything that affects the load-bearing walls, and structural elements that affect the mechanics and stability of the building and that put in danger the stay in the house. Here the amount to be claimed varies between 5%, 30% and up to 100% of the final price of the repair.

In the case of defects derived from construction elements or facilities that affect habitability, the term to claim the developer's insurance is three years.

Finally, it should be remembered that the biggest problem with hidden defects is determining whether they are or not and claiming them in time. Another issue is to determine whether or not the owner knew about the problem before selling or renting, so in many cases they can take the issue to court.

So, now you know, read the contract well or ask the owner for guarantees! Or on the contrary, hire a trustworthy real estate agency that looks after your interests!


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