Documentation for a hidden defects report

In a case of hidden defects, the prior documentation fulfills two functions: to prove the contractual relationship with the selling party and to trace the appearance of the defect over time. The more complete the material provided, the more rigorous the expert assessment will be. The legal strategy, the procedural deadlines and the actions to be taken correspond to the lawyer.

Contractual documentation

Public deed of sale

It is the main document. It reflects the date of the operation, the price, the description of the property and the statements of the parties.

Private contract and deposit

If there was a private contract or deposit contract before the deed, it should also be provided. Sometimes it includes useful descriptions or statements.

Updated simple registry note

It helps to verify the ownership and charges of the property.

Communications with the selling party

Any communication after the purchase in which the seller is informed of the existence of the defect is relevant.

Common formats

• Burofax with acknowledgment of receipt.
• Email with proof of shipment.
• WhatsApp or SMS messages with visible date.
• Certified letters.

These communications help establish the date the defect was detected and reported.

Photos and videos

From the moment the defect was detected

If you have images taken when the problem was discovered, it provides context about its evolution.

From current status

If the defect has worsened or has been partially repaired, it should be documented. Good practices are included in the photography and video guide.

Estimates and repair invoices

If quotes have been requested from companies or partial repairs have been carried out, provide:

• Budgets with a breakdown of items.
• Invoices for work already executed.
• Third party technical reports if they exist.

These documents allow economic valuations to be contrasted.

Technical documentation of the property

When available

• Certificate of habitability or first occupancy license.
• Energy certificate.
• Quality report of the promoter if it is recent work.
• Building technical inspection report (ITE) if it exists.

Procedural data

If there is already a lawyer or attorney appointed, or if there is an open court proceedings, it is advisable to provide:

• Information about the lawyer and the attorney.
• Reference of the procedure and court.
• Previous writings if relevant.

What not to contribute

• Copies without clear identification.
• Sensitive information not related to the case.
• Documentation protected by professional secrecy without authorization.

Next steps

• Please refer to general process.
• Review the documentation guide.
• discuss your case from the help form or the contact page.