Claim deadlines for hidden defects

The deadlines to claim for hidden defects are one of the most consulted issues and, at the same time, one of the most delicate. They vary depending on the good, the condition of the seller (individual or professional) and the applicable regulations. This article offers guidance references that are exclusively informative. The specific strategy should always be evaluated with a lawyer.

General legal framework

In Spain, there are mainly two regimes that can be applied to a case of hidden defects:

• Civil Code (arts. 1484 et seq.): general regime applicable to sales between individuals and, with nuances, to other operations.
• General Law for the Defense of Consumers and Users (LGDCU): protective regime when the buyer is a consumer and the seller acts as a professional.

The choice of the applicable regime is not always obvious and depends on the specific case. That is why it is advisable to have legal advice from the first moment.

Indicative references for deadlines

As an informative reference, without replacing the lawyer’s judgment:

• Civil Code: contemplates a relatively short period for the exercise of building actions by hidden defects, counting from delivery.
• LGDCU (consumer): for goods purchased by consumers from professional sellers, the regulations reformed in recent years have extended warranty and liability periods for lack of conformity, especially in durable goods.
• Purchase and sale of new housing: in addition to the hidden defects regime, the guarantees of the Building Planning Law apply, with specific deadlines.
• Vehicles: the deadlines and regime depend on whether the seller is a professional, a dealer or an individual.

In all cases, the deadlines begin to count at different times depending on the case: delivery, detection of the defect, or communication to the seller. This is one of the points that generates the most practical problems.

Why it is important to act without delay

Although the legal deadlines may seem long, in practice it is advisable to act as soon as possible for several reasons:

• Technical proof is stronger when it is documented early.
• Subsequent repairs may erase evidence.
• Communication to the seller must be done reliably.
• Preparing the claim takes time.

Role of expert report in deadlines

The expert report certifies the existence of the defect and helps document the moment it was detected. It provides a technical basis for both extrajudicial claims and eventual court proceedings.

Always consult with a lawyer

The specific application of deadlines, the correct legal regime and the procedural strategy exceed the expert scope. We strongly recommend that you consult a specialized lawyer as soon as you detect the defect. The expert report and the legal advice are two pieces that work in a complementary way.

For more information, see also the article on technical tests or the section on Legal issues. To contact directly, go to Contact.