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Thread: Are there any Spanish laws regarding hidden defects when selling properties?

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    Are there any Spanish laws regarding hidden defects when selling properties?

    Hello,

    I bought this summer an apartment at Tenerife. There was a big Rain last week and the apartment was awash.

    I tried to involve the community insurance, but I Learned that this roof was made without autorisation by the previous owner. And that he already tried to fix this without success.

    In french law this would be without a doubt a malicious "Hidden defect"

    Do you think it will be the same in Spain ?

    Thanks a lot for your thoughts

    JPB

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    Re: Hidden Defect and spanish Law

    I would n't have thought so.

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    Super Tenerifian atlantico's Avatar

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    Re: Hidden Defect and spanish Law

    an illegal building or extension can be demolished by the authorities, so maybe best to get it repaired and keep quiet about it. As far as previous owners knowing of the fault, yes, one one hand it can be called a hidden defect, however, that can only be determined if the seller can't prove they didn't know. In this case, previous attempts at remedial works may be proof enough that they knew and didn't disclose the problem. Then again, this is Tenerife and we're talking about an illegal extension/roof, so may be best to get it repaired and keep quiet.

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    Re: Hidden Defect and spanish Law

    Exactly the same happened to me. I bought a proprty in the summer - no problems. Then the rain came in the winter & one room was flooded.
    As this room had been built by the previous owner the community were not interested. We did a temporary repair & had a proper full repair done in the spring.
    However the insurance company refused to pay. They said ( in Madrid ) they had no record that there had been any rain at that particular time in the district & even though an assessor came out the result was " make your own arrangements " we aint paying.
    From my experience I would say the answer to your question is NO.
    So welcome to the beautiful world of property owning in Tenerife !

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    Re: Are there any Spanish laws regarding hidden defects when selling properties?

    ha ! the 'you've had no rain' excuse , I've heard that happen a few times with friends - what a cop out !

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    Re: Are there any Spanish laws regarding hidden defects when selling properties?

    Apparently, Quite a few of the other apartments near mine did get the same exact modification, so it was impossible for me to detect it before buying. And The community can't say "we did not Know" .
    Furthermore these modifications are at least 15 years old....
    I'll take a lawyer advice. and decide after.

    I feel like I was screwed by the seller...

    JPB

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    Re: Are there any Spanish laws regarding hidden defects when selling properties?

    Welcome to the club

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    Re: Are there any Spanish laws regarding hidden defects when selling properties?

    JPB - there will be several on here rolling their eyes upwards & shaking their heads as you embark down a path most of us have been down. Perhaps our brains get stewed at 35000 feet & we get off at TFS " re educated " as we do things we would not contemplate in the UK or La Belle.
    You have come to the conclusion that you have been screwed & this is excellent, dont be in denial it is custom & practice here. Damage Limitation is next.
    Get straight onto having the repairs done at the best possible price & quality. But BEWARE there are some really, really dodgy people in this game as well & you dont want another screwing.
    However should you still want to pursue this through litigation if you PM me I will give you the name of a good honest Lawyer.
    What, do they screw you as well ? Mais qui.

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    Re: Are there any Spanish laws regarding hidden defects when selling properties?

    Is this room actually described in your title deeds?
    I would guess not which gives you no legal comeback.
    Catch up with all your CD Tenerife local team football or buy CD Tenerife & Spanish football items here

    Support the cancer association buy a pink shirt here

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    Re: Are there any Spanish laws regarding hidden defects when selling properties?

    It is an ancient construction, so where no plans & no exact area noted, I guess

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