Marbella
Land Specialists, Plots of Land Costa del Sol, Land for Sale Marbella,
Spain
Registered
Members
Discovering
Defects After the Sale has been Agreed
You have the right to complain if
for some reason the home is not suitable for its intended use or
if its value proves to be considerable lower then its previously
appraised market value.
If
flaws/defects occur in the home after the transaction has
been completed and for some reason they went undetected during the
sale process. And if this flaws/defect limits the intended use of
the dwelling and would have caused the buyer to offer a lower price
or not purchased the property at all.
If
this is the case, then the buyer can opt to annul the transaction,
getting the expense paid back or to have the property re-valued
by an expert and reclaim a proportional discount. If this should
occur to you, the buyers, then you have to make a claim within six
months of the sale for it to be effective.
However,
the seller is responsible for all defects with regards
to the property, even if they don’t know of them. If the seller
does know of any defects and doesn’t inform the buyer, then
the seller must pay an additional compensation to the buyer. The
Spanish Law that governs this is, “La Ley de Ordenacion de
la Edificacion” and states that the seller is responsible
for the property to the buyer in the following areas:
If
defects appear as a result of the building materials
used or the installations. - Compensation will cover three-year
period.
If damage occurs in the foundation, structural features and/or
walls of the building and is affecting its resistance
to the elements and stability. - Compensation must be paid over a ten-year
period.
If the flaws/faults appear in the final stages of the
building, and affects the overall appearance of the building.
- Compensation will cover a one-year
period.
