Hidden Defects Expert Report
Property transactions · CC art. 1484
Serious non-apparent defects in property transactions. Evidence of pre-existence within the 6-month warranty period. Civil Code art. 1484. Habitability.
What are hidden defects
Serious non-apparent defects in a property sale that prevent adequate use of the property. Regulated under CC arts. 1484 et seq.: right to rescind (redhibitory action) or reduce the price (estimatory action). They must be serious, pre-existing to the sale and unknown to the buyer.
The 6-month deadline
CC art. 1490 establishes 6 months from delivery to exercise legal actions. The expert report must be obtained within this period to technically evidence the existence, severity and pre-existence of the defect. If you have just discovered the problem, time is against you: contact us as soon as possible.
Fields resolved with an external expert
Where the subject matter of the report exceeds the signing expert’s accredited competence, the corresponding section is drafted by an expert in that field and attributed to him in the report. The expert panel lists the six fields in which this occurs and the basis of standing required in each.
Before commissioning a report
01 What is the deadline to file a claim?
02 How is it proven that the defect pre-dates the purchase?
Related services
Do you need this report?
Free initial consultation. Contractual delivery deadlines.