Bought a new house and it has defects? Find out what to do.

You've just bought or rented a new house, and you notice that this new acquisition has defects. There's no need to worry; Portuguese law provides several rights that you have at your disposal and can exercise.

Below you can find essential information about this setback, which can happen to anyone.

What should I do if my new house has defects?

You bought a new house and it has defects. In order to solve this problem you should activate the home warranty, with a registered letter notifying the seller or the builder of the property.

This letter should include the defects you found, and it can be sent by email, with a read receipt and proof of delivery.

Buyer's rights when discovering defects in the house.

Consumers have several rights when they find problems with their property:

• Home repairs;
• House replacement;
• Price reduction based on defects in the property;
• Contract cancellation;
• Housing guarantee.

How to file a complaint about hidden defects in properties in Portugal?

Hidden defects, also known as redhibitory defects, are damages to a property that only become noticeable some time after its acquisition. In these cases, the buyer has the right to return the property, claim an adjustment to the property price, or request compensation.

Legislation regarding defects in new properties

Current legislation stipulates a 10-year warranty period after the purchase or sale of a property that has defects. Thus, the consumer is protected and has the possibility to fight for their rights.

Buyer's rights regarding defective properties: legal advice

In order to be aware of your rights as a buyer, it is very important to seek legal advice. A lawyer who is familiar with real estate law can give you helpful advice on how to best proceed if you have purchased a house with defects.

Guarantee for new homes: what the law says

Homes purchased after January 1, 2022, have a 10-year warranty. Properties purchased before that date have a five-year warranty. From that point on, if it's within the warranty period, you can activate it and claim your rights.

What does the warranty cover?

A warranty on a new house with defects covers elements that are part of the building's structure, such as roofs, plumbing, walls, or the electrical system.

Elements already integrated into the property, such as sanitary ware, cabinets, or windows, are also included.

Time limit for claiming defects in newly purchased properties.

The deadline to claim for damages to a recently purchased house is one year. However, it's important to keep in mind that this is within the 10-year warranty period.

It should be noted that homes purchased before 2022 have a shorter warranty period, which is 5 years.

How to activate the warranty

The consumer should send a registered letter to the builder or seller of the property, explaining the defects found.

Seller refuses to repair defects in new house: what to do?

If the seller refuses to repair the damage to the property, the buyer must resort to legal action to resolve the situation.

It is important to note that there is a three-year period after the defects are reported before legal action can be taken. If more time passes, the seller is not responsible for repairing the damage.

Experts to assess defects in properties.

In order to assess problems in a property, it is possible to consult an expert, a specialist in civil construction, or architecture. People in this role assess any potential damage to the property through an expert report. After noting what needs to be repaired, solutions are presented.

When should you consult a lawyer about defects in your new home?

From the moment you detect a defect in your new home, it's important to have a lawyer present. They will advise you on how to proceed correctly in claiming your rights in cases like this. If you have to go to court, the presence of a lawyer is essential.

O CSG Solicitors We can give you the advice and help you need!

How can a lawyer help with hidden defects in real estate?

Having a lawyer specializing in real estate law can be helpful in assisting you with understanding and fighting for your rights, and if setbacks arise that take the case to court, this assistance becomes essential.

Contact the CSG Solicitors To learn more about this issue.

Need legal support? Contact us today or learn more about our service. online lawyers And schedule your appointment with complete convenience, wherever and whenever you want.

Tips to avoid buying defective homes

There are precautions to take when thinking about buying a house, and to avoid houses with real estate defects:

• To find out if the person selling the house has the necessary qualifications to do so;
• Go to the land registry office nearest to you, or via online, and ask certificate of content or permanent property certificate;
• Conduct an inspection of the house;
• Pay attention to the house's location, the materials used in its construction, and its quality.

Conclusion

If you notice any defects in your new home, it's important to keep in mind that there are ways to get those problems resolved. The home guarantee is the main means by which you can access your rights, which range from compensation to repair of damages.

Both to inform you of your rights and to assist you with legal matters, The help of a real estate lawyer is essential to guide you throughout this process.