Most common vices in the sale of homes
Know the most common hidden defects in the sale of homes
They are known as hidden defects in a purchase and sale all those flaws, failures or anomalies in the operation of a good that has been acquired / sold without it being clearly specified in the conditions at the time of the negotiation.
Due to the nature of this concept, it is logical that most of the claims for hidden defects are related to the sale of vehicles or homes, the elements, repairs prior to the sale that are not placed or specified in the contracts, give rise to certain problems when dealing with these assets . Let's learn more about these hidden defects below.
Most common defects in the sale of houses or homes
Before analyzing the most common vices in the purchase and sale of homes, we must take into account that, in order for the claim for hidden defects in the purchase and sale to proceed, certain conditions must be met:
- That the failure or malfunction in the operation is not specified in the contract.
You have to be careful before signing, if you talk about a wall with poor conditions, the buyer has to ask and review next to an expert that means "deficient"It may be an imbalance in the height from side to side, but it may also be that the whole wall is already falling and if you sign without clarifying the subject, then you will not be able to claim for something that you accepted.
- That the fault is within a period in which the claims are allowed.
You can not buy a second-hand house and when you're 20 years old, go claim because a bathroom tile has just peeled off. On the other hand, the hidden vices that lead to the risk of the inhabitants of the house for faults in the structure can be claimed for many years.
Hidden defects in new houses or buildings
In the case of hidden defects in new buildings these are considered constructive defects and become the responsibility of the developer who has sold the property.
In order for the person to be able to claim hidden defects in the purchase and sale of a new home, he must detect the faults in a time limit according to the nature of these:
- Up to one year for minor faults or finishing
- Up to three years for habitability or security failures
- Up to ten years for infrastructure failures or dangerous fragility of housing elements, walls that yield, unstable columns
What are the most common hidden defects in buying and selling second-hand homes?
Some people tend to believe (and therefore let go) that a second-hand home can not be the object of claims for faults in its structure or as a whole.
If the details are not specified in the document and with this agreed a price for both parties that includes the reduction for such failures, the buyer may claim before a court if he considers that he has hidden defects that, if known, had not bought the property or in any case would have resulted in a new negotiation of the price. The most common vices of this type are:
- Leakage: It is necessary to differentiate between a minimum failure in a small sector of the roof to a leak that comes with a failure of the complete channel, affects the walls or ends up leading to a repair or replacement of a large proportion of the roof.
- Pipelines: A failure of pipes under some key or in the toilet is somewhat less, but if, in reviewing, a specialist tells us that the entire installation must be changed, this is a hidden vice.
- Cracks: Some walls may have cracks hidden behind a layer of paint or decorating paper. Sometimes these cracks are so large that they compromise the stability of the wall. Undoubtedly, this leads to a demand for hidden defects in the purchase and sale of the home.
- Bricks detachment: Some wall loses a brick by a minor hit with an object and there the new owner notes that they are badly placed and give in to the minimum pressure.
- Poorly placed windows: It is something very delicate, even more so in traditional homes, anyone could push or remove a badly placed window and enter a house, in an apartment is also valid cause to wield hidden defects in the sale, but the gravity is obviously greater when it's about a house.
At a legal level about the most common vices in the sale
At the legal level, the buyer can maintain interest on housing, but to demand a substantial reduction in the price that corresponds to the reparations that may arise due to the hidden defects that give rise to the demand.
You can also give up buying and selling and demand the return of the money paid for the purchase of the home, with a view to buying something better.
In the event that the buyer decides to forego the purchase of the property and be able to demonstrate that the seller knew about the damages of this one, can also denounce for damages, as well as demand the expenses incurred for the purchase and for the same demand.
A point to emphasize is that the buyer has to be very careful with two issues determinants such as the terms of action and the tests, photographic backups of the failures found, as well as a report made and signed by a specialist, all of which must have the date in order to be used later in case of not agreeing in a consensual way the resolution of the problem and having to take the case before courts.
To do this, it is advisable to consult very well with a specialized law firm in matters of hidden defects in the sale of homes, that help you to take your case and handle the cause to get it back on track to achieve the benefits or replacement that corresponds to you.