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Hidden defects in homes: how to detect and fix them when buying - Infobae
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www.infobae.com
October 18, 2024
Avoiding future complications is key when purchasing a property. The most effective strategies to identify and solve invisible defects before closing the deal, ensuring a safe investment without surprises
By Jose Luis Cieri
A couple recently bought an apartment and is talking about the repairs they will have to undertake (Illustrative image Infobae)
Detecting and managing the presence of hidden defects is a major concern for anyone who has purchased a property or is about to do so. Hidden defects are defects that are not easily located with the naked eye and that existed before the purchase. These defects can negatively affect the value of the property and, if known, could have affected the purchase decision.
A common example of a hidden defect includes moisture under walls or floors due to broken pipes.
For a defect to be classified as a hidden defect, it must meet certain characteristics: it must be difficult to detect with a superficial inspection, it must represent a serious fault that would deter the buyer from proceeding with the purchase if it had been known in advance, and it must affect the normal use of the property. If it is found, it can lower the price by up to 20% depending on the detected defect or completely ruin the deal.
Maria Franco , director of operations at Mudafy, told Infobae that “hidden defects, as the word indicates, are imperfections that cannot be seen at first glance during visits. They can be leaks that have been poorly fixed, defects in finishes, and even flaws in the construction, foundation and structure of the building.”
For a buyer who is not a professional, it can be very difficult to detect these types of problems. Therefore, if there is a property that you want to move forward with the sale, it is advisable to go with an expert to inspect it and determine if there is any type of defect or potential problem.
“Just as a mechanic accompanies someone interested in buying a car and makes a survey to then give his recommendations, it is not a bad idea to do a prior check with experts before buying a property. Today there are companies that perform this service and can detect problems that would avoid headaches in the future, especially if water or gas pipes need to be changed, or all the electrical wiring in the house,” recommended Mariana Lucángeli , Real Estate expert and architect.
It is essential to carefully observe the general condition of the property before purchasing it, including cracks, plaster, structure, floors, ceilings and dampness.
Lucángeli added: “Maintenance and prior care are also crucial for sellers. Entering a clean, well-ventilated house is not the same as entering a dark, dirty, and musty-smelling one.”
It is vital to take a good look at the walls to avoid serious problems in the future. Cracks can indicate that there is severe structural damage to the property.
Regarding the steps a buyer should follow in the event of discovering a hidden defect after the purchase, Franco said: “The first step is to document the defect with photographs and, if possible, certify it with a notary . Then, a professional must determine its origin. If the defect is from the unit and prior to the acquisition, the buyer must make a claim against the former owner.”
To initiate a claim, it is advisable to consult a lawyer who will guide you through the process effectively.
It is essential to review the signed contract, as it may contain specific warranty clauses for these defects. If contractual protection is not stipulated, the Civil and Commercial Code of the Nation (CCyC) provides protection.
Claims must be made at the time of discovery of the defect. The warranty for real estate expires three years after delivery , although the terms may be extended by agreement in the sales contract.
Franco explained who is responsible for the costs associated with repairing hidden defects in a newly acquired property. “If the origin of the defect is attributable to the unit and the previous owner, he will cover the repair costs.”
To avoid hidden risks, the seller can renovate the areas where there is humidity or plumbing problems before putting the house up for sale (Illustrative Image Infobae)
Furthermore, if the seller knew about the defects and concealed this information, it is considered an act of bad faith, increasing his liability.
Rights and obligations of the parties
“Compensation can be made in the following ways: 1) financially, by delivering a sum of money that represents compensation for the damage(s) suffered by the buyer, 2) by fixing the hidden defect, 3) by fixing the hidden defect plus financial compensation for the damage(s) caused,” Franco commented.
If the seller attempts to deny the defect, he must first be questioned out of court and, if this is unsuccessful, a claim must be initiated through judicial channels.
Franco concluded: “The buyer has the right to claim and receive compensation for the damage suffered, and the seller has the obligation to pay the full compensation, taking charge of all the expenses arising from this fact.”
www.buysellba.com
Source:
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Eludir complicaciones futuras es clave al adquirir una propiedad. Descubre las estrategias efectivas para identificar y solucionar vicios ocultos antes de cerrar la compra, asegurando una inversión segura y sin sorpresas
www.infobae.com
October 18, 2024
Avoiding future complications is key when purchasing a property. The most effective strategies to identify and solve invisible defects before closing the deal, ensuring a safe investment without surprises
By Jose Luis Cieri
A couple recently bought an apartment and is talking about the repairs they will have to undertake (Illustrative image Infobae)
Detecting and managing the presence of hidden defects is a major concern for anyone who has purchased a property or is about to do so. Hidden defects are defects that are not easily located with the naked eye and that existed before the purchase. These defects can negatively affect the value of the property and, if known, could have affected the purchase decision.
A common example of a hidden defect includes moisture under walls or floors due to broken pipes.
For a defect to be classified as a hidden defect, it must meet certain characteristics: it must be difficult to detect with a superficial inspection, it must represent a serious fault that would deter the buyer from proceeding with the purchase if it had been known in advance, and it must affect the normal use of the property. If it is found, it can lower the price by up to 20% depending on the detected defect or completely ruin the deal.
Maria Franco , director of operations at Mudafy, told Infobae that “hidden defects, as the word indicates, are imperfections that cannot be seen at first glance during visits. They can be leaks that have been poorly fixed, defects in finishes, and even flaws in the construction, foundation and structure of the building.”
For a buyer who is not a professional, it can be very difficult to detect these types of problems. Therefore, if there is a property that you want to move forward with the sale, it is advisable to go with an expert to inspect it and determine if there is any type of defect or potential problem.
“Just as a mechanic accompanies someone interested in buying a car and makes a survey to then give his recommendations, it is not a bad idea to do a prior check with experts before buying a property. Today there are companies that perform this service and can detect problems that would avoid headaches in the future, especially if water or gas pipes need to be changed, or all the electrical wiring in the house,” recommended Mariana Lucángeli , Real Estate expert and architect.
It is essential to carefully observe the general condition of the property before purchasing it, including cracks, plaster, structure, floors, ceilings and dampness.
Lucángeli added: “Maintenance and prior care are also crucial for sellers. Entering a clean, well-ventilated house is not the same as entering a dark, dirty, and musty-smelling one.”
What happens if you find them?
The buyer has the right to make a claim for a hidden defect against the seller if he can prove that the defect existed before the purchase and could not be detected during an ordinary inspection. These claims apply not only to sales contracts, but also to rental contracts, and can be directed not only to the previous owner, but also to architects, builders and developers involved.
It is vital to take a good look at the walls to avoid serious problems in the future. Cracks can indicate that there is severe structural damage to the property.
Regarding the steps a buyer should follow in the event of discovering a hidden defect after the purchase, Franco said: “The first step is to document the defect with photographs and, if possible, certify it with a notary . Then, a professional must determine its origin. If the defect is from the unit and prior to the acquisition, the buyer must make a claim against the former owner.”
To initiate a claim, it is advisable to consult a lawyer who will guide you through the process effectively.
It is essential to review the signed contract, as it may contain specific warranty clauses for these defects. If contractual protection is not stipulated, the Civil and Commercial Code of the Nation (CCyC) provides protection.
Claims must be made at the time of discovery of the defect. The warranty for real estate expires three years after delivery , although the terms may be extended by agreement in the sales contract.
Franco explained who is responsible for the costs associated with repairing hidden defects in a newly acquired property. “If the origin of the defect is attributable to the unit and the previous owner, he will cover the repair costs.”
Compensation and restitution
The CCyC distinguishes between minor defects and serious defects. In the case of minor defects, the seller is obliged to compensate or repair the defect. For defects that are significant structural or functional faults, various compensations may apply.
To avoid hidden risks, the seller can renovate the areas where there is humidity or plumbing problems before putting the house up for sale (Illustrative Image Infobae)
Furthermore, if the seller knew about the defects and concealed this information, it is considered an act of bad faith, increasing his liability.
Rights and obligations of the parties
- Action for eviction: The seller must repair the defect, assuming 100% of the costs.
- Cancellation of the contract: The buyer may cancel the contract without penalty if it has not yet been executed.
- Financial compensation: The buyer may request a reduction in the sale price of the property.
- Extreme Claim: In the case of a builder or developer, the buyer may request a replacement unit or an equivalent one.
- Compensation: The buyer is entitled to compensation for damages.
“Compensation can be made in the following ways: 1) financially, by delivering a sum of money that represents compensation for the damage(s) suffered by the buyer, 2) by fixing the hidden defect, 3) by fixing the hidden defect plus financial compensation for the damage(s) caused,” Franco commented.
If the seller attempts to deny the defect, he must first be questioned out of court and, if this is unsuccessful, a claim must be initiated through judicial channels.
Franco concluded: “The buyer has the right to claim and receive compensation for the damage suffered, and the seller has the obligation to pay the full compensation, taking charge of all the expenses arising from this fact.”
www.buysellba.com
