Purchase of real estate, is the seller required to guarantee the absence of defects?
In general, when purchasing a property, the seller is obligated to guarantee the absence of defects that could impair normal use or significantly reduce the value of the asset. This warranty primarily applies to "hidden" defects, those not visible at the time of sale and not reported.
For private transactions, the buyer must notify any defects in the property to the seller within one year of delivery and within 8 days of their discovery. It is important to note that these terms may vary depending on local legislation.
In the case of purchasing from a builder, some legislations provide for an extended 10-year warranty against property defects. Additionally, bank guarantees may be required at the time of signing the preliminary contract to protect the sums paid by the buyer. The presence of a ten-year insurance policy covering potential construction defects adds an extra layer of protection.
The obligation to execute a preliminary contract through a notary can contribute to providing additional guarantees and transparency in the transaction. Furthermore, the type of sale (by measurement or by body) can affect the rights and obligations of the parties, with a sale by body generally offering greater protections for the buyer.
In the case of undisclosed or latent defects, it is advisable to consult with a specialized real estate lawyer to assess the specific situation and determine the correct legal approach
