{"id":31152,"date":"2020-03-25T10:37:29","date_gmt":"2020-03-25T10:37:29","guid":{"rendered":"https:\/\/www.cbleon-abogados.com\/?page_id=31152"},"modified":"2020-03-25T10:38:07","modified_gmt":"2020-03-25T10:38:07","slug":"hidden-faults-construction-damages-on-a-purchase-lawyers-in-alicante","status":"publish","type":"page","link":"https:\/\/cbleon-abogados.com\/en\/hidden-faults-construction-damages-on-a-purchase-lawyers-in-alicante\/","title":{"rendered":"HIDDEN FAULTS. CONSTRUCTION DAMAGES ON A PURCHASE Lawyers in Alicante"},"content":{"rendered":"

What happens if in a newly acquired\u00a0property\u00a0<\/strong>appear\u00a0structural damages\u00a0<\/strong>of such magnitude that in the event of having known that, the house would have not been bought or would have had an evident discount on the purchase price? These are the so-called\u00a0hidden faults.<\/strong><\/span><\/p>\n

This is about deal with significant damage and not with so-called\u00a0defects in the finishing<\/strong>\u00a0of newly built houses.<\/span><\/p>\n

It is not rare that in the\u00a0purchase<\/strong>\u00a0of home<\/strong>\u00a0between private individuals,\u00a0constructive damages<\/strong>\u00a0of greater or lesser importance appear during the lapse of 6 months, being a case that occurs more frequently than is thought, since our Civil Code establishes that in those cases and as long as certain circumstances occur, the\u00a0buyer<\/strong>\u00a0may\u00a0claim\u00a0<\/strong>to the\u00a0seller<\/strong>\u00a0as long as those damages occur within the period of 6 months and bring the claim within that period.<\/span><\/p>\n

Without exhaustive intention we could identify as more usual hidden faults in the\u00a0buildings<\/strong>, the following;<\/span><\/p>\n

Humidity and filtering deriving from defects in roofing, flooring, etc.; serious cracks; defects in flooring, paints, finishes; landslide of bricks or coating material, etc., and other more serious such as those affecting the structure of the\u00a0building<\/strong>\u00a0and the foundations, which are serious and pose a risk to people.<\/span><\/p>\n

As you can see the range of\u00a0damage or flaws<\/strong>, is extensive, and goes from the least serious to the very serious, hence when a\u00a0home buyer<\/strong>\u00a0faces a case of this type whatever it may be the appearance of such\u00a0flaws<\/strong>, it is convenient to be always advised by an expert.<\/span><\/p>\n

From the delivery and the taking possession of the housing, the term called of expiration is of 6 months. We warn you of the care you must take in these cases because if there is something that interrupts it, its period immediately continues counting the days prior to the disrupting cause.<\/span><\/p>\n

For instance, if an injunction is submitted during this time, the deadline is paused and this time limit is resumed, starts counting again, given that the previous period is no longer cancelled.<\/span><\/p>\n

If the buyer has a case of\u00a0hidden faults<\/strong>\u00a0as injured he may carry out some of the following actions within 6 months against the\u00a0seller<\/strong>:<\/span><\/p>\n

\u2013 He could choose between withdrawing the contract by paying the expenses he paid, or<\/span><\/p>\n

-reducing a proportional amount of the price, according to the expert\u2019s point of view.<\/span><\/p>\n

Many are the cases that\u00a0Carlos Ba\u00f1o Le\u00f3n Abogados<\/strong>, has processed and for illustrative purposes only we refer to two lawsuits won by this law firm. In this particular case, you can see that the Courts confirmed the judicial claim in favor of the buyer.<\/span><\/p>\n

In the cases of\u00a0new home purchases<\/strong>, the action to be taken won\u2019t be this one but those derived from the\u00a0Building Ordinance Law<\/strong>\u00a0which establishes cases of ten years\u2019 liability and bimonthly and annual liability.<\/span><\/p>\n

This obligation of the seller to respond within this period of 6 months has a contractual nature.<\/span><\/p>\n

Having said that, does this mean that if\u00a0damages\u00a0<\/strong>of such magnitude appear after the aforesaid 6 months of the\u00a0home purchase<\/strong>, the buyer of the acquired property from a private individual would not have protection? Well in this case no, since it is very clear that the buyer would still have his rights but now the regulation is different.<\/span><\/p>\n

The\u00a0sanitation of hidden faults<\/strong>\u00a0operates as the objective possibility that we have said, but this won\u2019t go further because the Law considers that it is the responsibility of the buyer to verify the condition of the property he buys and the seller must have a responsibility and that is he should never go beyond, since he wasn\u2019t the builder of the house and it is the buyer who must address his claim against the developer\/builder<\/span><\/p>\n

The seller shall never be liable for the\u00a0sanitation of hidden faults<\/strong>\u00a0in the following cases:<\/span><\/p>\n

    \n
  1. If the damage was evident, at first sight.<\/span><\/li>\n
  2. If the buyer is an expert who, by reason of his profession, should easily have known them.<\/span><\/li>\n
  3. If the buyer and seller expressly agree that the\u00a0seller is not liable<\/strong>, this case will only operate if the seller has acted in\u00a0good faith<\/strong>, because if the seller knows the hidden damage of the property no matter how much he agrees to his exemption of liability, it won\u2019t be operational and the\u00a0buyer\u00a0<\/strong>could claim it.<\/span><\/li>\n<\/ol>\n
    <\/div>\n","protected":false},"excerpt":{"rendered":"

    What happens if in a newly acquired\u00a0property\u00a0appear\u00a0structural damages\u00a0of such magnitude that in the event of having known that, the house would have not been bought or would have had an evident discount on the purchase price? These are the so-called\u00a0hidden faults. This is about deal with significant damage and not with so-called\u00a0defects in the finishing\u00a0of newly built houses. It is…<\/p>\n","protected":false},"author":5,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_joinchat":[],"footnotes":""},"class_list":["post-31152","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/pages\/31152","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/comments?post=31152"}],"version-history":[{"count":0,"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/pages\/31152\/revisions"}],"wp:attachment":[{"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/media?parent=31152"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}