We are dealing with significant damage, not so-called finishing defects.<\/h2>\n
It is not uncommon for home sales<\/strong> between private individuals arise during the 6-month period construction-related damage<\/strong> whether major or minor. This is a more common scenario than it seems. Our Civil Code governs these situations and establishes that, if certain conditions are met, the buyer<\/strong> You can file a claim with the salesperson<\/strong> provided that the damage becomes apparent within 6 months and the claim is filed within that period.<\/p>\n Among the hidden flaws<\/strong> Among the most common types found in buildings are:<\/p>\n As can be seen, the hidden flaws<\/strong> cover a wide range of damage or defects<\/strong>, ranging from the least severe to the most severe. Therefore, it is essential that the homebuyer<\/strong> Seek technical advice, regardless of how serious the damage may initially appear to be.<\/p>\n The statute of limitations begins 6 months from the date of transfer of possession of the home. This period cannot be interrupted, which means that any action taken within that period (such as filing a demand with the seller) does not reset the clock. Therefore, it is essential to act quickly and ensure that you meet the established deadlines.<\/p>\n A clear example of this limitation is that, if the buyer discovers the damage and sends a notice to the seller within the deadline, the time that has elapsed up to that point will neither be suspended nor restarted. This makes it crucial to seek legal advice from the outset.<\/p>\n If the buyer is faced with a situation involving hidden flaws<\/strong>, you have two options within the 6-month period:<\/p>\n In Carlos Ba\u00f1o Le\u00f3n Law Firm<\/strong>, we have handled numerous cases of this type. For example, in two lawsuits won by this firm, the buyers obtained a favorable ruling in court, confirming their right to file a claim for the hidden defects discovered in their homes.<\/p>\n In the case of new homes<\/strong>, the rules regarding hidden flaws<\/strong>, but rather, appeals are filed against the actions arising from the Building Regulations Act (LOE)<\/strong>. This law establishes three types of liability based on the severity of the damages:<\/p>\n The LOE provides greater protection for buyers of new homes by establishing longer deadlines and clear responsibilities for developers and builders.<\/p>\n It is important to understand that the seller's obligation to be liable for the hidden flaws<\/strong> It is contractual in nature and subject to certain limitations. The law provides that the seller shall not be liable in the following cases:<\/p>\n If the hidden defects<\/strong> If defects appear more than 6 months after the sale, the buyer is not left unprotected, although the applicable regulations will be different. In this case, claims will be based on other legal provisions, such as breach of contract or, in some cases, a direct claim against the builder or developer if the defects are due to construction defects.<\/p>\n The purpose of the law is to balance the rights and obligations of both parties. On the one hand, it protects the buyer against serious defects; on the other hand, it recognizes the buyer\u2019s responsibility to properly inspect the purchased item and avoid claims for obvious damage.<\/p>\n Based on our experience in Carlos Ba\u00f1o Law Firm<\/a><\/strong>, it is crucial to act quickly and seek expert advice from the very beginning of the sale. The detection of hidden flaws<\/strong> It can lead to significant legal and financial disputes, but with proper management, it is possible to achieve favorable outcomes for the buyer.<\/p>\n Having a technician or expert present during the initial inspection is an essential preventive measure. Furthermore, in the event of a dispute, our firm is prepared to advise and represent you, ensuring that your rights are fully protected.<\/p>\n If you have any questions about hidden defects or would like to file a claim, please don't hesitate to contact us<\/a>. In Carlos Ba\u00f1o Law Firm<\/a><\/strong>, we're here to provide you with personalized and effective solutions.<\/p>\nCommon Examples of Hidden Defects<\/h3>\n
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<\/p>\nDeadline for filing a claim<\/h2>\n
Options for the Buyer in the Event of Hidden Defects<\/h3>\n
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What happens with new homes?<\/h2>\n
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Limits on the Seller's Liability<\/h2>\n
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What happens after 6 months?<\/h2>\n
Real Estate Attorney: Our Opinion<\/h2>\n