Buyers and sellers of property in Spain need to be aware of 'vicios ocultos'

Homeowners need to be aware of a law named "vicios ocultos" when buying and selling property in Spain. The vicios ocultos law means that vendor liability for defects lasts for up to six months after the house sale, even if the problem was not obvious at time of sale.

Vicios ocultos means that the vendor of the property in Spain is obliged to compensate for, or remedy, any defect or problem within the first six months after the sale. With information from The Rights Group and Survey Spain, Spanish property experts Kyero report that the seller will be accountable in the following circumstances:

If the buyer is an expert or qualified in the field of property, then the vendor will not be considered responsible, as the buyer should have been able to recognise the defects, even if they weren't immediately obvious.

When the seller is accountable, the buyer can annul the contract. If the seller knew about the defects and did not mention them at the time of sale, the buyer can claim for compensation, if they choose to annul the contract.

Anyone selling property can, however, include specific wording in the contract that excludes liability and means the property is "sold as seen", and buyers are advised to look out for such clauses.

It is recommended that buyers use a qualified surveyor before closing any property deals, even if this is not required by their mortgage company.

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