When purchasing a second-hand home, it is essential to know what to do if hidden defects or defects appear after the purchase. In these cases, not all defects can be legally claimed from the seller; there are clear criteria that must be met:

- The defect cannot be obvious to the naked eye at the time of purchase. This is what is known as a "hidden defect."

- The problem must already exist before the purchase. In other words, claims for damages or malfunctions occurring after the purchase are not permitted.

- The defect must be of a certain severity: serious enough that, had it been known, the buyer would have negotiated a lower price or simply not purchased the home. If the defect makes it impossible to use the property as a home, it is also considered serious.

Regarding time limits, legal action for hidden defects must be initiated within a maximum of 6 months from the delivery of the home. It is a statute of limitations, which means that even if claims are made out of court (for example, by registered mail), if a claim is not filed within that period, the right is lost.

However, if the defect is so serious that the property becomes uninhabitable, the deadline for requesting termination of the contract is 5 years. In this case, the buyer can request a refund of the amount paid, as well as compensation for damages and corresponding interest.

For this type of claim to be successful, it is essential to have a professional expert report certifying both the existence and the age and severity of the damage.

In short, if any hidden defect is detected after the purchase of a second-hand home, it is essential to act quickly, gather the appropriate documentation, and seek proper advice to protect the buyer's interests.