What are hidden defects? Legal and technical concept

In general terms, a hidden defect is understood to be a defect that existed at the time of delivery of the good but was not detectable through reasonable inspection by the buyer. It is a figure included in the Civil Code and, in the field of consumption, qualified by the applicable regulations. In order for it to be invoked, several requirements must be met that the expert report helps to prove.

Technical elements that define a hidden defect

From an expert point of view, three elements are essential:

• Pre-existence: the defect had to be present before delivery, even if it was not visible.
• Non-appearance: could not be detected by normal inspection, even if the buyer was diligent.
• Severity: the defect reduces the use, safety or value of the asset in a relevant, not merely aesthetic, way.

A substantiated expert report analyzes whether these three elements are present and describes the technical evidence that supports them.

Difference from the apparent defect

The apparent defect is one that a reasonable buyer would have been able to detect during an ordinary visit. For example, a visible crack in a partition or an obvious damage to a bodywork. These defects, being noticeable before purchase, are in principle not considered hidden defects.

On the other hand, structural humidity under the covering, an electrical installation that does not comply with regulations behind the false ceiling or a motor with internal damage that is not perceptible in a brief test do fit as potentially hidden defects.

Role of court expert

The court expert does not interpret the legal norm or decide whether the claim proceeds. Their job is to provide the technical basis: describe the defect, document it, determine its probable origin, estimate its age and assess the extent of the damage. The legal assessment corresponds to the lawyer who directs the matter.

Practical recommendations

If you suspect that your home, premises or vehicle has a hidden defect, avoid carrying out renovations or repairs before the situation is documented. It is also advisable to keep all the documentation of the sale, communications with the seller and any photographic record you have.

To know the specific differences between vice and apparent defect, see the article Hidden defects versus apparent defects. If you wish to commission a report, you can go to Contact or to the specialty of Hidden defects.