Hidden defects

We have all asked ourselves at some point: what are hidden defects? And we have all suffered at some point, or could suffer from, such as hidden defects (Vicios ocultos).

Hidden defects are regulated in our legal system, in the Civil Code and more specifically in articles 1484 and subsequent articles. This article literally establishes that:

"the seller will be obliged to remedy hidden defects in the thing sold, if they make it unfit for the use for which it is intended, or if they diminish this use in such a way that, had the buyer been aware of them, he would not have acquired it or would have given less price for it; but he shall not be liable for defects which are manifest or which are in plain view, nor for those which are not, if the purchaser is an expert who, by reason of his trade or profession, ought readily to have known them”.

This is something that will allow us to have security when buying a property, as long as we are private individuals, and we do not have any of the professions mentioned above.

In which godos can hidden defects be found? Well, the answer would be that in almost all goods there can be, or there are, hidden defects, but as our Civil Code tells us, the key is that these defects are not known by the buyer, and that they also make the use for which they are intended impossible.

In the Spanish jurisprudence we have a Sentence that helps us to see what we are describing, quite clearly, and it is the Sentence nº357/05 of the Provincial Court of Coruña, of 29th September, in which it is established:

That a defective thing is understood to be that which suffers an alteration in the quality or3040 qualities of the thing or of any of its components, provided that they diminish the utility that the thing brings to the buyer, in accordance with the use that was agreed in the contract.

 It is required that the defect exists at the time of the perfection of the contract, and does not arise a posteriori or by action of the buyer.

 The defect must be hidden, and cannot be considered in this category if it is easy to see.

Do not hesitate to contact our expert lawyers in Civil Law in Marbella if you have any questions about a hidden defect that you have detected in a purchased item. Also, when purchasing a valuable asset, our team of expert lawyers in Marbella will be happy to advise you. It will carry out all the steps and procedures to assist you in your purchase/sale.