You sold the house, a few months pass and a claim arrives: previously unseen damp, a faulty installation, cracks behind a partition. Hidden defects in the sale of a home are the main source of post-sale shocks for the seller. We explain exactly what they are, what you’re liable for, for how long and —most usefully— how to protect yourself before signing.
What a hidden defect is (and what it isn’t)
It is a defect pre-existing to the sale, serious (renders the home unfit for use or would clearly have reduced the price had it been known) and not detectable in a normal inspection. Not hidden defects: visible wear, what the buyer could see (the broken shutter, the dated bathroom) nor what was informed in writing. The key is exactly there: what is declared ceases to be hidden.
What the seller is liable for and for how long
The Civil Code grants the buyer the action for warranty against defects for 6 months from delivery: they can request rescission of the sale or a price reduction, and if it is proven that the seller knew of the defect and concealed it, also damages. Note: liability applies even if the seller did not know of the defect (bad faith only aggravates the situation). For new-builds the regime is different (1, 3 and 10-year guarantees against the developer/builder); here we refer to resale between private parties.
The seller’s shield: documented transparency
Put in writing what you know
An appendix to the deposit contract describing the actual condition and known defects (that repaired damp, the ageing boiler, the community with an approved special assessment) turns the “hidden” into informed. It is counterintuitive, but disclosing defects protects the seller.
The “as-is” clause has limits
Selling “as seen and in the condition in which it stands” helps, but does not exempt from truly hidden defects nor, of course, from defects knowingly concealed. It is not a pass: it complements transparency, not replaces it.
Documents that avoid disputes
Energy certificate, installation certificates if present, invoices for relevant repairs, homeowners’ association minutes (approved or planned special assessments: hiding these is a classic source of claims) and ITE/IEE if the building has one. Delivering copies of everything, with acknowledgement of receipt, is your best future evidence.
If you have already received a claim
Check deadlines (the 6 months go by quickly), request your own technical report on the alleged defect and weigh settlement against litigation: many claims are closed with an agreed reduction smaller than the cost of legal proceedings. And do not sign generic acknowledgements without legal advice.
At Mayrasa we prepare every sale so this does not happen: complete document review, condition described and signed, and properly informed buyers — so you sign with peace of mind and sleep better afterwards. If you are going to sell your house, we start with a free valuation and a review of your documentation; for specific legal questions, we guide you from the real estate advisory. Well-documented transparency is the seller’s best policy.
