Hidden Defects After Buying in Spain: What You Can Do, and How Long You Have

You completed months ago. The paint was fresh, the photos were good, and the survey — if there was one — raised nothing. Then the first heavy rain came, and the damp bled back through the wall it had been painted over. Or the tiles lifted on a terrace that turns out to have no proper waterproofing. Or a crack reopened behind a run of new cladding. What you are looking at is a hidden defect, and Spanish law gives you a remedy — but on a clock that is already running.

We have advised buyers in exactly this position since 2006, and the single most common mistake is not the buying, it is the waiting. People spend weeks getting quotes to fix the problem, or arguing with the seller directly, and only then think about their legal position — by which time the strongest action may have expired.

The short answer

If a serious fault was present when you bought, could not have been seen on a normal inspection, and makes the property unfit or much less valuable, Spanish law lets you either unwind the sale or claim a price reduction. The specific hidden-defects action is short — six months from delivery under the Civil Code — so take advice at once and preserve the evidence before you repair anything.

What actually counts as a hidden defect?

Not everything you wish you had known counts. The defect has to be serious, hidden, and pre-existing. Serious means it affects how you can use the property or what it is worth — not a scuffed floor. Hidden means a reasonable buyer, or a reasonable surveyor, would not have spotted it on a normal inspection; a fault in plain sight is treated as accepted. Pre-existing means it was already there, latent, when the property was handed to you. Damp painted over the week before viewings is the textbook example, because it is all three at once.

Did the seller have to disclose it?

This surprises foreign buyers: under the Civil Code a seller answers for hidden defects even if they genuinely did not know. If they did know and stayed quiet, their exposure is greater. The law’s premise is that a buyer should not silently inherit a concealed, serious fault. What changes the picture is who the seller was — a private owner or a professional — which we come to below.

Undo the sale, or claim money back?

Spanish law offers a buyer two routes for a hidden defect. The accion redhibitoria unwinds the sale: you return the property and recover what you paid. The accion estimatoria, or quanti minoris, keeps the property in your hands and claims a reduction reflecting the defect. Undoing a completed purchase of a home you have moved into is a heavy step and not always what a buyer wants, so in practice the price-reduction route is often the realistic one — but the choice is yours to make with advice, not by default.

How long do I really have?

Here is why speed matters. The dedicated hidden-defects action under the Civil Code must be brought within six months of the property being delivered to you. That is a short window, and it does not wait while you get repair quotes. There can be other, longer-running remedies — general contract claims, and consumer protections where the seller sold in the course of business — but you should never assume one applies. Treat six months as the deadline and work back from it.

Does it matter that I bought from a developer?

Yes, and often in your favour. A professional seller generally owes more than a private individual, consumer-protection rules may extend both your remedies and your time, and a new build carries its own statutory guarantees for structural and habitability defects. If you bought from a company in the course of its business, your position may be stronger than the bare six-month action suggests — but that is a reason to get it assessed, not a reason to relax.

What we do in this situation

We are independent Spanish property lawyers, and a hidden-defect claim is one of the things clients come to us for most. We move quickly on the two things that decide these cases: fixing the evidence — an independent report that the fault is serious and pre-existing, taken before any repair destroys it — and identifying which action and which deadline apply to your particular purchase. Then we tell you honestly whether the case is worth bringing, and if it is, we bring it.

If you have just found a serious defect, do not repair it and do not wait. Call us on +34 919 499 342 (English or Spanish) or email marialuisa@costaluzlawyers.es today, so the evidence is preserved and the deadline does not pass while you decide.

Reviewed by Maria Luisa de Castro, lawyer of the Ilustre Colegio de Abogados de Cadiz (No 2745), advising international buyers of Spanish property since 2006. This article is general information about Spanish property law, not advice on your specific case, and the remedy and time limit that apply always depend on the facts.

A hidden-defects claim targets the seller over the property itself. If instead it is what the estate agent told you that turned out false, see your options against the agent.

Frequently Asked Questions

What counts as a hidden defect under Spanish law?

A hidden defect is a serious fault that existed when you bought, that you could not have seen on a normal inspection, and that makes the property unfit for its purpose or significantly less valuable. Cosmetic wear does not count. Damp deliberately painted over, a structural crack concealed behind cladding, or a terrace that floods in the first heavy rain are the kind of faults that do.

Did the seller have to tell me about it?

A seller is liable for hidden defects even if they did not know about them, and their liability is greater if they did know and stayed silent. The point of the Civil Code’s rules on saneamiento is that the buyer should not carry a serious concealed fault alone. Whether the seller was a private individual or a professional developer changes the remedies available, which is why the facts matter.

What are my options — undo the sale or get money back?

Spanish law gives a buyer two classic routes for a hidden defect: the accion redhibitoria, to unwind the sale and recover what you paid, or the accion estimatoria (quanti minoris), to keep the property and claim a reduction in the price. Which is realistic depends on how serious the defect is and what you want. We advise on both before you commit to one.

How long do I have to make a claim?

The specific hidden-defects action under the Civil Code is short — it must be brought within six months of the property being delivered to you. Other contractual or consumer remedies may run for longer, particularly against a professional developer, but you should never rely on that: treat the six-month period as the clock that is running and take advice immediately.

What if the seller was a developer rather than a private owner?

A professional seller — a developer or a company selling in the course of business — generally owes stronger obligations than a private individual, and consumer-protection rules may add to your remedies and the time you have to use them. The building’s own guarantees for structural and habitability defects may also apply. We identify which regime fits your purchase before advising on the claim.

What should I do the moment I find the defect?

Document it before anything else — photographs, dates, and ideally an independent surveyor’s or engineer’s report establishing that the fault is serious and pre-existing. Do not carry out repairs that would destroy the evidence, and do not let the six-month clock run down while you decide. Then get legal advice on which action fits and how strong the case is.

Hidden defects are one of several risks a full pre-purchase check can catch early — see our complete legal guide to property investment due diligence for the rest.

Most of these disputes trace back to a check that was skipped before signing — see what a proper inspection should cover before you buy.

Not all post-purchase defects come from the seller — see our guide to what to do when a neighbour’s building works cause the damage.