HIDDEN DEFECTS IN PROPERTY? CLAIM YOUR RIGHTS!
What to do if you bought a property with hidden defects?
Buying a property in Spain should be a safe and rewarding investment—especially in premium locations like Altea. However, discovering hidden defects (“vicios ocultos”) after completion can quickly turn your dream home into a serious concern.
The good news: you may have strong legal rights as a buyer—but acting quickly and correctly is essential. At AlteaInvest, we don’t just help you find the perfect property—we ensure your investment is protected before, during, and after the purchase.
WHAT ARE HIDDEN DEFECTS ("VICIOS OCULTOS")?
Under Spanish law, hidden defects are serious issues that were not visible at the time of purchase and significantly affect the property’s value or usability.
To qualify as a vicio oculto, the defect must:
Exist before the sale was completed
Be undetectable during a normal inspection
Have a significant impact on the property
- If these conditions are met, you may be entitled to compensation—or even cancel the purchase.
Common Examples of Hidden Defects
Many buyers only discover these issues after moving in:
Structural damage affecting stability
Hidden damp or water infiltration
Defective electrical or plumbing systems
Pest infestations inside walls or structures
These problems can lead to unexpected costs and legal complications if not handled properly.
What Is NOT Considered a Hidden Defect?
It’s equally important to understand what does not qualify:
Issues identified during viewings
Issues disclosed by the seller
Minor cosmetic defects
Outdated but functional plumbing or electrical installations.
Cracks caused by normal settling of the building over the years.
Mild and visible damp caused by condensation or capillary action.
General wear and tear on floors, joinery or tiling.
These scenarios usually fall within the ‘assumed risk’ of buying a second-hand property.
- This is where legal expert guidance makes all the difference.
HOW TO CLAIM AGAINST THE SELLER
If you suspect hidden defects, taking the right steps early can protect your investment:
1. Obtain a Technical Report
An independent expert (architect or surveyor) must confirm:
The existence of the defect
That it existed before the sale
2. Notify the Seller Formally
A legal notice is required to:
Document the issue
Request compensation or resolution
3. Choose the Right Legal Action
You typically have two options:
Cancel the purchase and recover your money
Keep the property and request a price reduction
- Choosing the right strategy depends on expert legal advice.
Critical Deadline: Only 6 Months to Act
One of the most important aspects buyers often overlook:
You only have 6 months from the date of purchase to file a claim.
This is a strict legal deadline—missing it can mean losing your rights completely.
Prescription vs. Expiry: Why It Matters
Understanding this difference is crucial:
Prescription (Plazo de Prescripción): can be paused or interrupted
Expiry (Plazo de Caducidad): cannot be extended under any circumstances
- Hidden defect claims in Spain are subject to expiry deadlines, meaning time is absolutely critical.
HOW TO AVOID THESE PROBLEMS WHEN BUYING
Most issues with hidden defects can be avoided with the right support:
Proper legal due diligence
Technical inspections before purchase
Transparent negotiation process
Working with trusted professionals
WHY WORK WITH ALTEA INVEST?
At Altea Invest, we go beyond traditional real estate services.
We help our clients:
✔ Identify risks before buying
✔ Connect with trusted legal and technical experts
✔ Access verified properties only
✔ Avoid costly mistakes and hidden surprises
Our goal is simple: to ensure your property purchase in Altea is secure, transparent, and profitable.
ALREADY BOUGHT A PROPERTY AND FOUND PROBLEMAS?
If you suspect hidden defects, do not wait.
The earlier you act, the stronger your position.
- Our team includes several experienced legal professionals who can advise you on the next steps to take.
Thinking of Buying in Altea? Do It Safely
Avoid risks before they happen.
Explore our carefully selected properties for sale
Or speak directly with our team
Contact Altea Invest Today
Whether you are buying, have already purchased, or need advice, we are here to help you make the right decisions.
Altea Invest – Protecting your investment on the Costa Blanca.
