If you find Building faults construction defects in a new-built or a resale or used property in Alicante or the Costa Blanca area like Torrevieja, you should know that you need to take photos and get evidence as soon as you notice them and then you need to contact Cc Real State Lawyer Alicante Torrevieja so we can help to get compensation or solve them.
In the process of buying a property in Spain and selling properties, it is very important to consider the responsibilities assumed by sellers and builders in selling properties to buyers.
It is very normal to find properties on the market that are sold with problems, in which the buyer does not know very well how to act, nor what are the rights under the law when they find building problems or defects that have not been detected before the sale. CC Lawyer Alicante Torrevieja with more than 20 years of experience will be able to solve any problem.
It is important to establish what are the rights and obligations of sellers and builders, as well as buyers who purchase property in Spain. That is why we have created this report to clarify concepts and procedures when confirming visual or hidden deficiencies.
When considering liability for hidden deficiencies, it is necessary to distinguish between newly constructed homes and homes for sale.
In new homes, the warranty and the buyer’s right to claim hidden deficiencies is divided into three types:
ONE YEAR: Problems in finishing interior and exterior flooring, carpentry, new electrical appliances, etc. ONE YEAR from the date of construction, or SIX MONTHS from the date of purchase/completion.
THREE YEARS: For deficiencies produced in the property and that directly affect and degrade its habitability. In this case, it is about problems that affect hygiene, health, watertightness, sanitation, etc. These defect cases must leave the property in such a way that it is impossible to live inside. Therefore, please note that “secondary defects” that do not prevent the property from being used for living will not be covered.
And for problems that affect the structure of the building, such as the foundations, pillars, beams, floors, etc. TEN YEARS. These faults must be such that they compromise the stability of the building.
In newly built properties, it is mandatory in Spain to submit a DECENIAL INSURANCE (or TEN YEAR INSURANCE) that covers structural damage to the building for 10 years. These faults are covered in such a way that if any of these fails appear, the buyer must inform their insurance, so that they can claim and use the ten-year insurance previously provided by the developer or builder of the building. In this way, buyers are guaranteed, as consumers of newly built homes, that they are duly covered for TEN YEARS for these fails. Transferring ownership property Alicante.
But what about RESALES? Do sellers have any liability for hidden faults?
The answer is affirmative. Sellers who sell second-hand homes are also responsible for any hidden faults that these properties may have. This responsibility refers to the hidden faults that exist in the property and that, during SIX MONTHS, the seller will be responsible for any type of deficiencies mentioned above. That could be detected before six months from the completion of the sale.
To exercise the buyer’s right to claim liability for hidden faults, the following is necessary:
1.- The defect must be detected.
2.- The seller must be notified in writing, generally by certified mail, to inform him of the flaws, explaining what the causes may be and what the means are to repair the problem.
3.- In the event that the seller does not acknowledge its responsibility, the buyer must obtain a written report from an independent professional, if possible, an expert, who determines the problem, the defect and what the repair costs are in an official report.
If the seller received the report of an independent professional that establishes the causes of the problem. Its repair and the costs involved, and he does not take responsibility for its repair, then the buyer should be advised by a lawyer to see how to solve the problem.
We offer free consultation to discuss your situation and design an appropriate plan of action to claim a debt collection Alicante for hidden faults.
