What is the Deadline to Claim for Hidden Defects?
When it is a second-hand home and is more than 10 years old, the term to break the contract and claim the expenses invested in the house or to request a reduction of the total price that was signed in the contract of sale is 6 months from the delivery of the house once the sale has been completed. A period that cannot be interrupted or extended, so the claim must be filed before the court. However, if the period of 6 months has elapsed, there is always the option of resorting to a lawyer who is an expert in this process and claiming latent or hidden defects to assess whether it is possible to take any other legal action against the seller.
However, if the house is new construction, the term is 2 years from when the damage to the house was located or occurred. The guarantees required by the hidden defects will be requested individually and individually from the agent who produced it, and if it cannot be identified, the promoter must be jointly and severely liable. To do this, you must have a liability policy that offers coverage for the repair of these defects. Otherwise, the dwelling cannot be deeded. These insurances have the following validity:
- 10 years for damages that have their origin or affect structural elements such as slabs, foundations, load-bearing walls, etc.
- 3 years for damages that are related to the facilities or that do not meet the minimum requirements of habitability, the most common being the lack of thermal and/or acoustic insulation or defects of the facilities.
- 1 year for defects in finishes and finishes.
How and where to claim for hidden vices?
If you discover hidden defects in the house you have acquired, the first thing you must do is notify the developer or private seller in writing in a friendly manner of the existence of the hidden vices detected, as well as the damage they are generating. The date of the claim, the deadline for the selling party to verify and resolve the problem before taking legal action, and including the contract of sale must be indicated.
If the selling party refuses to resolve the problem, before filing a lawsuit, you have the option of mediation, being the fastest and cheapest option when there is an interest on both sides in finding a solution without going through the courts. To do this, you can go to the mediation office in the area where the house is located.
Seek Professional Help
However, if this route does not work, you will have no choice but to initiate a judicial procedure so that it is the judge who assesses who should take charge of these hidden vices. For this, it is necessary to hire at least one real estate lawyer Orlando-based and one expert. It is very useful (before you purchase the house) to have the help of a technician to advise you about the house you are going to buy, since they have more knowledge to understand the memory of qualities, the finishes of the house or the plans.