You viewed the house, liked it, signed at the notary… and with the first rains damp appears. Or the roof leaks, the drainage does not work, the electrics are not up to standard or part of the house is not legalised. The seller says it was sold “as is”. But buying a second-hand home does not mean accepting defects that could not be seen.
What a hidden defect is
It is a defect that already existed when you bought, was not visible on a normal viewing, and makes the house unfit for its use, or reduces its usefulness so much that you would not have bought it, or would have paid less, had you known. Typical examples:
- Damp and leaks covered with fresh paint.
- Roofs that leak or have broken tiles.
- Drainage or septic tanks that do not work.
- Structural cracks hidden behind false ceilings or furniture.
- Electrical or plumbing installations in poor condition.
- Unlegalised buildings that were not mentioned.
What you can claim and the time limits
- Claim for hidden defects: a price reduction or cancellation of the sale. The time limit is very short: six months from handover.
- Breach of contract: if the defect is so serious that the house is not fit for what you bought it for, the time limit is longer.
- If the seller knew and concealed it, the claim is stronger and may include damages.
- If the home is newly built, you can also claim against the developer and builder under Spanish building law (LOE).
Because the first time limit is so short, what matters is to act as soon as the defect appears.
What to do
- Photograph and document the defect from the very start.
- Gather the deposit contract, the deeds, the listing and the sale photos: they help compare what was offered with what was there.
- Notify the seller of the defect in writing.
- Do not repair before documenting: if you fix it without evidence, it is hard to prove afterwards that the defect already existed.
Why an expert report
What is always disputed is whether the defect existed before the sale, whether it could be seen and how much it costs to repair. The expert report answers those three questions on a technical basis, and it can be used to negotiate with the seller or to bring a claim in court. If there is a lawsuit, we defend the report before the judge at the ratification hearing.
Hidden defects in homes in Ceuta
We inspect flats, houses and detached homes in the centre and in districts such as La Almina, Hadú or Benítez. If there is a lawsuit, the report is filed with the courts of Ceuta.
How we work
Send us the deeds, the deposit contract and photos of the defect by email or WhatsApp. We review it and send you a fixed, no-obligation quote, replying the same day. If needed, we inspect the property in any district of Ceuta.
More information on our architect expert page.
