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Engineering defects legal action

HIDDEN VICE

PROCESS DESCRIPTION:

What are hidden vices?

The hidden defects of the houses or buildings are not visible or hidden defects that, in case of appearing before a certain period from the sale, entitle the buyer to demand the seller of the sanitation of the house or property, as well as the resolution of the contract or the modification of its conditions.

What is the claim period?

In the case of homes with more than 10 years, the deadline for claims for hidden defects is 6 months, counted from the delivery of the home sold. (art. 1490 Civil Code)

In what cases is the seller obliged to fix the damages for hidden defects?

The seller is obliged to sanitation for the hidden defects that the house has, If they make it improper for the use to which it is intended, and if the buyer had known them, they would not have acquired it or would have given less price for it, for causing a decrease in its use.

However, the seller will not be responsible for manifest defects or those that are in sight, nor for those that are not, if the buyer were an expert who due to his trade or profession, should easily know them. (art. 1484 civil code)

What if the seller did not know about the existence of these hidden vices?

Although the seller ignores their existence, he must respond to the buyer by cleaning them, unless otherwise stipulated in the contract (art. 1485).

Would you have the right to compensation if you terminate the contract?

In the above cases, the buyer may choose to withdraw from the contract, having to be returned the expenses paid; reduce a proportional amount of the price (that determined by the experts) and be compensated for damages, in addition, if you opt for the termination of the contract, the buyer will also be entitled to compensation for damages if the seller knows the defects or defects hidden from the home and will not show them to the buyer. (art. 1486.)

If the home sold is lost due to hidden defects, knowing the seller, he must return the price and pay the costs of the contract, with damages to the buyer. If you did not know them, you should only refund the price and pay the costs of the contract paid by the buyer. (art. 1487)

CONSTRUCTION DEFECTS

What to do when once the house or premises are delivered we appreciate finishing defects?

Once the home or premises have been delivered, the user must examine the construction, performing a detailed inspection of the property. We should not be alarmed if we notice small auction or finish defects, since these are usually more or less common in all buildings. The user must make a list specifying all the anomalies detected at first, or with those that may arise with the use.

This list must reliably communicate to the developer and builder of the building. It is very important that the communication is reliable, therefore we recommend sending via burofax requesting the certification of the content and the acknowledgment of receipt. This communication must include a series of basic identification data (promotion in question, exact identification of the apartment or premises, owner, list of observed defects) and be dated.

These finishing or finishing defects are usually repaired by the developer or builder. They are constructive vices of easy technical solution and, generally, low repair cost. However, if not, when the developer or builder does not even deign to repair these damages, we must take into account that these constructive defects have a warranty period of one year. Claims deemed appropriate may be made within this annual period, without the submission of a first claim or having filled out and delivered the list of reviews usually provided by the promoter means giving up the repair of defects that could go unnoticed or that arise a posteriori.

What is the deadline to claim?

Once the auction, habitability or structural damage has been produced or detected, the user will have two years to file the corresponding actions against the agents responsible for the construction of the building.

This period is of limitation and admits interruption with extrajudicial claims, therefore, it is necessary to refer burofax to the developer, builder, architect (Construction Manager) and rigger (Execution Director) detailing the damage or defects of the property.

Obviously, if those responsible have made some type of repair without finally resolving the defect, we recommend sending a new burofax every communicating this circumstance.

In any case, if legal action will not be taken immediately, it is highly recommended to send a burofax every year to communicate persistent defects, their evolution and new damages that may appear. This caution avoids damaging, perhaps, irremediably, future legal actions.

This alert should be extreme in Communities of Owners where it is common to delegate to third parties the responsibility of communicating the deficiencies or, simply, it is somewhat more complex to articulate the claim procedures. It must be taken into account that in order to make extrajudicial claims, the approval of the Board of Owners will not be necessary (the agreement in the Board will be necessary prior to the filing of the claim), a claim made by the President or the Administrator on behalf of the Community).

NECESSARY DOCUMENTATION:

  • Copy of identity documentation: DNI / residence permit / NIE and passport or ID CARD

INCLUDED SERVICES:

  • Prior advice.
  • Processing of service.
  • Sending of supporting documents.
  • Backup file of digitized documentation.
  • Attention of requirements when necessary.

PRICE OF SERVICES:

Engineering defects legal action 590,00 euros*

*Price without VAT

 

INCLUDED SERVICES:

  • Collection and review of necessary information.
  • Documentation Review.
  • Preparation of preliminary drafts.
  • Sending the draft for customer confirmation.
  • Processing of service.
  • Sending of supporting documents.
  • Backup file of digitized documentation.
  • Attention of requirements when necessary.

 

 WHY E-CONSULTING ABOGADOS & GESTORES

EXPERIENCE

all our professionals have a lot of experience and are in a constant training process.

 

MAINTENANCE OF DEADLINES

all the deadlines established by law are strictly followed and controlled by the internal department.

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we use the latest generation management software and all the existing technologies on the market.

QUALITY OF SERVICE

the quality of all services is constantly reviewed by the internal audit.

FREE CONSULTATIONS

all our clients are consulted regarding the services provided.

COMPENSATION OF SANCTIONS

We compensate the fines and interests produced by the fault of our accountants.

 

PROCESS: 

fill in the application attaching necessary data and documents

one of our professionals will contact you to see the details

Prepayment of service payment (standard payment method: 100% in advance

carrying out the necessary procedures to complete the requested service

sending the supporting documents for the service performed and final invoice.

 

SPECIALISTS

José Marí­a Esteve Rodrí­guez | Manager

José Marí­a Esteve Rodrí­guez

Manager

Ksenia Ilicheva | Tax advisor

Ksenia Ilicheva

Tax advisor

Begoña Gómez Olivas | tax and accounting area director

Begoña Gómez Olivas

tax and accounting area director

Sandra Milena Aranda López | Labor area director

Sandra Milena Aranda López

Labor area director

Marina Orts Rodríguez | Administration and accounting

Marina Orts Rodríguez

Administration and accounting

Vanessa Burillo Bernabeu | Legal services

Vanessa Burillo Bernabeu

Legal services

David Camacho Mazarro | Foreigner area manager

David Camacho Mazarro

Foreigner area manager

Sonia Micaela Cejas | Traffic area

Sonia Micaela Cejas

Traffic area

Tatiana Faedo Gukasian | Administration

Tatiana Faedo Gukasian

Administration

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Foundation year

2008

The professional activity of the company is ensured with the Civil Liability policy in the insurance company CASER.

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