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But if the property has hidden defects, how can I claim them? Who is responsible? First poland telegram of all, we must know that a hidden defect is a defect that appears after the property has been acquired. In addition, it is necessary that this defect is such that it prevents the natural use of the property , or that if it had been known, it would have meant that the sale would not have been carried out or would have been carried out under different conditions.
Likewise, these defects must not be visible to the naked eye, that is, they must not be detectable by the buyer at the time of delivery of the goods.
Article 1484 of the Civil Code regulates hidden defects:
«The seller shall be obliged to provide compensation for hidden defects in the thing sold, if they make it unfit for the use for which it is intended, or if they so diminish this use that, had the buyer known of them, he would not have acquired it or would have paid a lower price for it; but he shall not be liable for defects that are manifest or visible, nor for those that are not, if the buyer is an expert who, by reason of his trade or profession, should easily have known of them.»
Requirements to claim
The defect must be hidden , that is, it must be impossible for the buyer to see the existence of the defect with the naked eye.
It must be serious . The defect must be of sufficient importance that if the buyer had known about it, he would not have purchased the property or would have negotiated a lower price.
The damage must be prior to the purchase . If the seller can prove that the defect did not exist before the purchase, or the buyer cannot prove that the damage was pre-existing before the purchase, no claim can be made.
Furthermore, the seller is liable to the buyer for the indemnity for hidden defects or flaws in the item sold, even if he was unaware of them, as indicated in Article 1485 of the Civil Code .
The solution is given to us by art. 1486 of the Civil Code :
"(…) the buyer may choose between withdrawing from the contract, being reimbursed for the expenses paid, or reducing a proportional amount from the price, at the discretion of experts.
If the seller knew of the hidden defects or flaws of the item sold and did not disclose them to the buyer, the latter shall have the same option and shall also be compensated for damages and losses, if he chooses to rescind the contract.
That is, we will have two options if we believe that our home has hidden defects:
Termination of contract: it is exercised through the redhibitory action . It consists of withdrawing from the contract and the seller has the obligation to return to the buyer the expenses incurred.
Reduction in the price of the property: this is exercised through the appraisal action . It involves a proportional reduction in the price due to the defects of the property.