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.


Civil Code art. 1484Non-apparent defectsWarranty periodPre-existenceRedhibitory action

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.

§ 06 · Frequently asked questions

Before commissioning a report

01 What is the deadline to file a claim? +
6 months from property delivery (CC art. 1490). It is essential to act within this period.
02 How is it proven that the defect pre-dates the purchase? +
Through technical analysis of the degree of development of the pathology: the age of dampness or the evolution of a crack allow pre-existence to be evidenced.
Case file · EXP·05
Free consultation
01Type of report — party-appointed, court-appointed or counter-report
02Technical complexity of the case
03Court ratification included
04Travel anywhere in Spain within 24–48h
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