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Lawyer
Hidden Defects In
Housing

Buying a home in Marbella is a dream come true. But what happens when that dream is tarnished by serious, hidden defects?

Marbella

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Have you discovered any hidden defects? in your Marbella home?

Latent defects are serious flaws that existed before the property sale, but which were not discernible during a normal viewing. These problems render the dwelling unusable or diminish its value to such an extent that, had you known about them, you would not have purchased it or would have paid a much lower price.

These kinds of situations are more common than you think, especially in the Resale of second-hand homes. Our work as specialist lawyers is to demonstrate the existence of these defects and manage the claim so that the seller assumes their responsibility.

How can we help you with your Claim for hidden defects

At FA Abogados, we support you throughout the entire process. From the initial analysis of your case to the final resolution, we take care of everything for your peace of mind.

  1. Feasibility studyWe analyse your case with no obligation, review the documentation and explain your real options.

  2. Pre-action protocol letterWe have contacted the seller to try and reach an amicable agreement that avoids legal proceedings, saving you time and costs.

  3. Claim for hidden defectsIf an agreement is not possible, we will prepare and file the corresponding legal claim to defend your interests and obtain the legal remedy for hidden defects to which you are entitled by law.

Benefits to have a solicitor for hidden defects

Manage a claim for hidden defects in a property It can be complex. Having an expert at your side offers key advantages:

  • Specialised knowledgeWe are familiar with the legislation and specific procedures for successfully reporting hidden defects.

  • Maximising your compensationWe fight to ensure you receive compensation for damages, a price reduction, or even the cancellation of the sales contract.

  • Advice on deadlinesThe Time limit for claiming hidden defects It's short. We assure you that your claim will be submitted on time and correctly.

  • Time and stress savingWe handle all the bureaucracy, negotiations, and legal procedures so you don't have to worry.

  • Professional InterlocutorWe negotiate on your behalf with the seller and their lawyers, defending your interests with firmness and professionalism.

Case studies in the buying and selling of real estate

To help you understand our work better, here are examples of cases we have managed:

  • Rising dampA couple bought a terraced house and, after the first rains, discovered serious damp in the basement and ground floor which had been disguised with paint. We managed the claim and they obtained a reduction of €30,000 on the purchase price to cover the repairs.

  • Faulty electrical installationA client purchased a flat with an electrical installation that did not comply with regulations, posing a consequent risk. We filed a claim for hidden defects, and the seller had to pay for the complete renovation of the installation.

Frequently asked questions about hidden defect claims

Hidden defects in a property are considered any faults that are not apparent during a standard inspection and that significantly reduce the value of the property or render it unsuitable for its intended use.

These are serious defects, existing before the purchase and not visible. For example: foundation problems, aluminosis, faulty pipes, poor waterproofing, hidden infestations, or renovation issues affecting habitability.

The time limit for claiming hidden defects between private individuals is six months.

The Civil Code establishes a period of 6 months from the handover of the property. It is essential to act quickly to avoid losing your rights.

Is it necessary to hire an expert?

Yes, it is a fundamental step. The report by an expert architect or technician is the main evidence to prove the existence, origin, and repair cost of hidden defects. We collaborate with trusted experts in Marbella.

What can I get with a lawsuit for hidden defects?

You can choose between two options: the «redhibitory action», which annuls the contract and refunds your money, or the «action quanti minoris», which consists of a price reduction proportional to the cost of repairing the defects.


Abogados de vicios ocultos FA Abogados

FA Lawyers

+34 604 154 580
Av. Ricardo Soriano, 22, Pl. 3, Oficina 2, MĂĄlaga

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Ricardo Soriano Avenue, 22, 3rd Floor, Office 2
29601 Marbella
Malaga