Hidden defects in your Spanish dream home

Ouch! Your dream home and already problems?

You finally have the keys to your Spanish dream home in your hands. You slept wonderfully the first night, and you enter the living room full of enthusiasm. You open the curtains to let the sun in, but then you see it: a huge damp patch on the ceiling. That wasn't there yesterday, was it? You touch it, and the plaster crumbles down. Hidden defect? Or could you have prevented this?

Who is responsible for the control?

In Spain, the obligation to inspect a house properly before buying lies with you as a buyer. This means that you must check yourself whether everything is in order: electricity, plumbing, heating and air conditioning. A quick look is not enough – you want to make sure that everything is working.

The seller also has a responsibility, namely to report known defects, especially if they are not immediately visible. But beware: in Spain, houses are often sold 'as seen' ("Como Cuerpo Cierto"). This means that after the purchase you have little opportunity to complain about unexpected problems. Damp patches or overdue maintenance? In Spain, that is often no reason for compensation.

How do you avoid setbacks?

Do you want to avoid unpleasant surprises? You can consider having a technical inspection carried out by an expert. It is a cost for the buyer between €350 - €500 that you can consider making, if you want complete certainty or have no structural insight into such problems.

What if you do come across a hidden defect?

In the Valencian Community and elsewhere in Spain, hidden defects are regulated by the Spanish Civil Code (articles 1484-1486). If, after the purchase, you discover that there are serious defects that you could not have seen with the naked eye, you have six months to take legal action against the seller.

But beware: you must be able to prove that the problem already existed and that the seller deliberately concealed it. This can only be done with a technical report from an expert. Even with evidence, a lawsuit is no guarantee of success and the process can take a long time and even increase in costs.

Helpful Tips for Buyers

✔ Check everything thoroughly: open all taps, test the electricity, look for damp spots and cracks in the wall. 

✔ If in doubt or for older homes, have a technical inspection carried out. 

✔ At Bel-Chic Properties, Jerry has a construction background and is happy to help our customers honestly and free of charge with expert advice.