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How to claim after buying a home if hidden defects appea
14th April 2022Hidden defects in second-hand housing: time to claim
If the hidden defects appear in a second-hand home, that is, one bought from an individual, you have six months from the time you take possession to file a complaint with the buyer. The sooner the better, in this way the connection between the defect and the state of the home prior to purchase will be reinforced. If you let too much time pass, it will be more difficult to prove it.
You will have to communicate the hidden defect to the seller in writing, it is best to do it by burofax. The defects and the term to solve them must appear in the message. If the seller agrees, problem solved. However, more often than not, no agreement is reached. It is best to put yourself in the hands of an expert lawyer in Real Estate Law.
Requirements to claim for hidden defects
Not all hidden defects can be claimed and, even if there are, there may be a legal vacuum that works in favor of the seller. These are the requirements.
The defect or hidden defect must be prior to the sale: It must be shown that the hidden defect was present before the sale. Otherwise, the claim will not be effective. Again, it is best to seek advice from a qualified professional.
The hidden defect must be serious: The defect must be so important that if it had been known in advance, the home would not have been purchased or a lower amount would have been offered.
If the hidden defect has been visible during the visits prior to the formalization of the operation, that is, it is easily detectable, it cannot be claimed, in principle.
Tips to avoid hidden vices
Buying a home is one of the most important moments in life. It involves a very high outlay of money and a lot of enthusiasm is invested. Therefore, any forecast is little. Some architects offer their services to accompany the buyer on his visits. In this way, you will ensure that a qualified professional examines the house thoroughly and you will avoid unpleasant surprises.