Costa del Sol's Property Specialists

Discovering Defects After the Sale has been Argeed

You have the right to complain if for some reason the home is not suitable for its intended use or if its value proves to be considerable lower then its previously appraised market value.

If flaws/defects occur in the home after the transaction has been completed and for some reason they went undetected during the sale process. And if this flaws/defect limits the intended use of the dwelling and would have caused the buyer to offer a lower price or not purchased the property at all.

If this is the case, then the buyer can opt to annul the transaction, getting the expense paid back or to have the property re-valued by an expert and reclaim a proportional discount. If this should occur to you, the buyers, then you have to make a claim within six months of the sale for it to be effective.

However, the seller is responsible for all defects with regards to the property, even if they don’t know of them. If the seller does know of any defects and doesn’t inform the buyer, then the seller must pay an additional compensation to the buyer. The Spanish Law that governs this is, “La Ley de Ordenacion de la Edificacion” and states that the seller is responsible for the property to the buyer in the following areas:

Discovering Defects After the SaleIf defects appear as a result of the building materials used or the installations.
- Compensation will cover three-year period.

If damage occurs in the foundation, structural features and/or walls of the building and is affecting its resistance to the elements and stability.
- Compensation must be paid over a ten-year period.

If the flaws/faults appear in the final stages of the building, and affects the overall appearance of the building.
- Compensation will cover a one-year period.

Quick Links: Builders Liabilities

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