Imagine buying your dream home in Spain — sun, sea, and a relaxed lifestyle — only to discover weeks later that the roof leaks, the wiring is unsafe, and the seller “forgot” to mention it.
Yes, Spanish law allows you to claim these vicios ocultos (hidden defects).
But legal protection is not the same as peace of mind.
At iNMOspector, we see too many buyers discovering defects after signing. In this article, we’ll explain how “hidden defects” claims work in Spain — and why prevention is always the smarter path.
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1. What are “vicios ocultos”?
The term refers to hidden defects that make a property unsuitable for its intended use or reduce its value significantly.
They must meet 3 criteria:
1️⃣ Hidden — not visible during a normal inspection
2️⃣ Serious — affecting habitability or safety
3️⃣ Pre-existing — existing at the time of sale
Typical examples include structural cracks, damp and humidity, faulty roofs, pest infestations, or non-compliant installations.
2. Legal Framework (Article 1484 Civil Code)
Spain’s Civil Code allows buyers to claim damages or even cancel the sale if hidden defects appear.
But the reality is complex:
- For second-hand homes, the claim must be filed within 6 months from delivery.
- For new builds, deadlines can extend up to 2 years under specific laws.
- Buyers must prove the defect existed at purchase and was unknown to them.
In short: the law is there — but the burden of proof is heavy.
3. Why “Vicios Ocultos” Claims Are Hard to Win
Even though the law protects buyers, most claims fail or end in costly settlements.
Reasons include:
- Difficulty proving seller knowledge or concealment
- Normal wear and tear in older properties
- Buyers considered “experienced” (especially foreigners familiar with property)
- Court delays and high legal costs
For these reasons, hidden defect claims should be your last resort, not your plan.
4. The Smarter Strategy: Prevention Through Inspection
A thorough inspection before signing saves time, money, and nerves.
At iNMOspector, our inspections cover:
✅ Structural and technical checks
✅ Damp and humidity diagnostics
✅ Electrical, plumbing, and insulation analysis
✅ Pest and infestation reports
✅ Urbanistic and legal verifications
We provide independent, transparent evaluations — so you know exactly what you’re buying and can negotiate the price accordingly.
5. When a Legal Claim Is Worth It
If a defect is major (for example, a collapsing roof or hidden foundation issue) and there’s clear evidence the seller concealed it, a legal claim can succeed.
In those cases, expert technical reports are essential.
Our team collaborates with lawyers to provide the documentation and expert testimony required for successful claims.
6. Prevention Pays Off
It’s always cheaper and less stressful to identify defects before signing.
A pre-purchase inspection helps you:
- Avoid properties with hidden risks
- Negotiate a fair price for necessary repairs
- Make decisions based on facts, not appearances
With over 79% of Spanish property sales involving second-hand homes, this step is essential — especially for international buyers unfamiliar with local construction standards.
Conclusion
Hidden defects claims exist for a reason — to protect buyers from fraud and serious oversights.
But the best protection is prevention.
Before you fall in love with the view, let’s check what’s behind the walls.
🔍 iNMOspector – Your independent property inspection expert in Spain.
We inspect, report, and protect — so your Spanish home remains a dream, not a dispute.