Hidden Defects and Construction Defects Attorney in Málaga
Hidden defects attorney for housing in Málaga: construction defects claims The acquisition of real estate represents one of the largest asset investments. Discovering structural problems or moisture after purchase compromises the security of your investment.
At Orozco y Asociados, we act as your hidden defects attorney for housing in Málaga to demand repair of the damage or price reduction. Our law firm executes a legal strategy based on real estate law to ensure that sellers and developers assume their responsibility for construction defects.
Have you discovered serious defects after buying your home?
The law establishes extremely short limitation periods to take action. Avoid losing your right to claim and demand what you are entitled to by law. Call a Specialist ✉️ Request Initial Consultation
Specialists in hidden defects to protect your real estate investment
The Costa del Sol market, covering Málaga capital and Vélez-Málaga, presents a high turnover of properties. As attorneys specializing in hidden defects, we defend our clients against defective deliveries. A real estate transaction must guarantee habitability. Our team of real estate attorneys analyzes the purchase agreement and delivery conditions to initiate a compelling claim.
Our main objective is that you are in good hands from the very first moment.
Requirements for a defect to be considered a hidden defect
For a hidden defect to meet all the legal requirements of the Civil Code, a simple aesthetic non-conformity is not sufficient. Hidden defects are flaws that must fulfill three unavoidable premises: Hidden: They must be serious defects not visible to the naked eye during the purchase visit or that require specialized technical knowledge to be detected.
Pre-existing: The defect must exist before the delivery of the property and the signing of the earnest money contract, even if it manifests later. Severity: They must be serious enough to diminish the value of the property, to the point that the buyer would not have acquired it, or would have paid less for it.
Legal deadlines for claims on second-hand properties
The deadline is the most critical factor in civil law for these claims. For second-hand properties, the regulations grant only six months from the delivery of keys. Once this limit is exceeded, the right to claim prescribes irreversibly. Our law firm acts with the utmost speed to interrupt the prescription through reliable requirements, ensuring that your claim is carried out within the legal deadlines.
Building Planning Law and new construction
If the defects affecting your property occur in new construction, the applicable regulation is the Building Planning Law (LOE). This regulation establishes warranty periods of 1, 3 and 10 years, depending on whether the defects affect finishes, installations or are structural.
We direct the claim against the developer, the construction company and the technical management to obtain the best solution.
Do you need immediate legal advice?
Our law firm based in Ronda handles your consultation in an agile and confidential manner. Legal coverage throughout the province of Málaga, Sevilla, Algeciras, Ceuta and the rest of Andalucía.
Actions you can take: resolution or quanti minoris action
When hidden defects appear in properties, the law allows the affected party to choose between two main legal avenues to claim: Redhibitory action: Allows the resolution of the contract, returning the property to the seller in exchange for the total restitution of the price paid, plus the costs of the judicial and notarial process.
Quanti minoris action: Allows keeping the property while demanding a proportional reduction of the purchase price, equivalent to the exact cost of repairing the discovered construction defects. Consult Action Viability
The claims process: the importance of the expert report
The success of a claim for hidden defects depends entirely on technical evidence. At Orozco y Asociados, we coordinate the preparation of a comprehensive expert report with skilled technicians and architects. This document quantifies the risks, the origin of dampness or cracks, and the cost of repair.
With this foundation, we initiate out-of-court negotiations. If the seller rejects the agreement, we proceed to court with an irrefutable technical file, avoiding prolonged conflicts.
Orozco y Asociados: legal advice in different areas of law
The appearance of a hidden defect often leads to parallel problems that require a multidisciplinary approach. Orozco y Asociados offers a comprehensive service thanks to our lawyers’ extensive experience in various legal branches: Civil law: Management of defective properties awarded in inheritances or divorces.
Civil and insolvency law: Claims against developers in creditor proceedings or application of second chance law. Administrative law: Conflicts with planning licenses and municipal sanction proceedings. Criminal law: Criminal complaints for real estate fraud if the seller concealed serious defects in a deliberate and premeditated manner.
Banking law: Suspension or restructuring of mortgages associated with uninhabitable homes.
Obtain the compensation you are entitled to by law
Do not assume repair costs due to third-party negligence. We analyze your case to determine the most profitable legal action. If you are looking for a specialist lawyer in Málaga, trust the experience of our firm. We offer advice purely focused on results. ✉️ Request Advice Call: 952 874 237
Let's discuss your case
Initial assessment without commitment. We identify the procedural route and critical deadlines.