When buying real estate in Spain, the concept of «as is» or «cuerpo cierto» often arises. These terms refer to accepting a property in its current state, but buyers still have legal protections under Spanish law when it comes to hidden defects in property. Here’s everything you need to know to protect your investment.

What Does «Cuerpo Cierto» Mean in Spanish Real Estate?

In Spanish real estate contracts, «cuerpo cierto» means the property is sold based on its physical state rather than exact characteristics or measurements. Essentially, the buyer accepts the property as it is.

However, this does not exempt the seller from liability for hidden defects, as outlined in Article 1484 of the Spanish Civil Code.

What Are Hidden Defects in Property?

Hidden defects refer to flaws in the property that:

1. Cannot be detected at the time of sale: A normal inspection would not reveal them.
2. Substantially affect the property’s value or use: The defect must be significant.
3. Existed before the sale: Even if the issue becomes evident later, it must have existed beforehand.

Common examples include:

• Structural damage
• Severe dampness or leaks
• Unsafe electrical or plumbing systems

Legal Protections for Buyers in Spain

Even with an «as is» or «cuerpo cierto» clause, buyers are protected by law. Under Article 1486 of the Spanish Civil Code, buyers can seek:

1. Contract Rescission: Cancel the sale and recover the purchase price.
2. Price Reduction: Negotiate a lower price to account for the defect.

Additionally, if the seller knew about the defect and failed to disclose it, buyers can claim damages.

Time Limits for Filing Claims

Buyers must file claims for hidden defects within six months from the property transfer date. Beyond this period, claims are only possible if the seller committed fraud.

Tips for Buyers

1. Inspect Thoroughly: Hire professionals to examine the property before purchase.
2. Negotiate Clearer Terms: Avoid vague clauses and request detailed warranties.
3. Act Quickly: If hidden defects are discovered, consult a lawyer immediately.

Hidden Defects in New Construction: What Buyers Should Know in Spain

When purchasing a newly built property in Spain, buyers might assume they are free from concerns about hidden defects (vicios ocultos). However, even new homes can have flaws that affect their usability, value, or safety. Spanish law provides specific protections for buyers under the Building Regulation Act (Ley de Ordenación de la Edificación – LOE). Here’s what you need to know to safeguard your investment.

What Are Hidden Defects in New Construction?

Hidden defects in newly built properties are issues that:

• Are not visible during a standard inspection.
• Affect the quality, safety, or functionality of the property.
• Result from construction errors, design flaws, or subpar materials.

Examples include:

• Structural weaknesses in foundations or load-bearing walls.
• Poor insulation leading to energy inefficiency.
• Persistent dampness or leaks.
• Electrical or plumbing systems that fail to meet regulations.

Legal Protections Under the LOE

The LOE provides a warranty system for new constructions, holding developers and builders accountable for specific types of defects:

1. One-Year Warranty:
   Covers minor defects related to finishes, such as cracked tiles, paint imperfections, or poorly installed fixtures.

2. Three-Year Warranty:
   Applies to defects affecting habitability, including issues with insulation, waterproofing, ventilation, or plumbing.

3. Ten-Year Warranty:
   Covers structural defects that compromise the building’s stability, such as foundation or load-bearing wall failures.

These warranty periods start from the date the developer hands over the property.

In conclusion, while «as is» or «cuerpo cierto» clauses limit liability for visible issues, Spanish law ensures buyers are protected against hidden defects. Understanding your rights and acting within legal deadlines can safeguard your investment in Spanish real estate.