Complaint Guide for buyer's

It's almost inevitable not to notice something you didn't see on the viewing after moving into a new home. Maybe you are not so happy with everything about the home, but what should be the defects or omissions in order to file a complaint?

There is a lot of confusion about the parties in the real estate transaction and what an agent is responsible for in a complaint case. Basically, there are two parties in any real estate transaction, one is the buyer and one is the seller. The technical condition of the property must be informed by the seller to the agent so that he or she can pass on the information to the buyer.

If you can prove it, you have a good case

It is by no means the case that any defects in second-hand properties can be interpreted as as a defect under the Spanish law. The main rule is that second-hand properties are sold as is. In order to present a solid complaint in court, the following criterias should be met:

The defect must be hidden. This means that the defect could not be identified with the naked eye. Please note that even if it cannot be identified easily, it will not be considered a hidden defect, if the buyer should have been able to reveal this because of his or her profession.

The defect must have existed before the purchase. The buyer must prove that the defect existed before the signing of the purchase contract. If the buyer cannot prove that there were hidden defects, the seller is not obliged to repair or pay any compensation.

Complaint deadline

Keep in mind that the absolute deadline for filing a complaint (for second-hand properties) is 6 months. Disputes in Spanish courts can last several years so it can often be worthwhile with a settlement. This way you also don’t have to pay a lawyer and other public costs

How to file a complaint

First, consult with your agent about what you have the right to file a complaint for and the if it is likely that you will win. In the first step of your complaint, a agent can help you clarify your rights based on the purchase contract, evidence and the local practice. This can save you time, headaches and money.
The next thing you need to do is send a written complaint to the seller, preferably by email. Do this as quickly as possible. Always keep a copy of the complaint so that you later can document that the complaint has been sent if needed.
If you do not reach an agreement with the seller, you can choose to present your case in the Spanish legal system via a lawyer. It may be wise to first get the defects analyzed and quoted by professionals so that you can avoid delays. Talk to your agent about a good lawyer who speaks your language.

Don't make this mistake

So the first thing you should do when you discover something that you think is a hidden defect in the property is to contact the agent and quickly send a written complaint to the seller. Make sure you never correct any defects on your own; if the seller is unable to rectify, you will lose your rights to financial compensation.

It is very important that you file the complaint quickly and in writing, and write that you will obtain documentation on the extent of the defect and amount to repair, and that you’ll send this as soon as possible. Having everything in written is very important.

What about furnitures, fittings and decoration?

Did you know that most property complaints in Gran Canaria are not about property deficiencies? The most complaints relate to furniture and equipment that is often agreed directly between the buyer and the seller.
Unless otherwise is specified, the purchase contract does not include furniture, electronic equipment and decoration. If you have made an agreement directly with the seller, it is extremely important that you can document this afterwards. If you can’t you will lose.
If you have purchased a furnished prperty you are entitled to the furnitures that was in the property during the viewing. This can easily be documented in the purchase contract and with pictures from the property ad.

Definitions

Furnished. Includes the furniture that was in the property at the viewing. Does not include electronic equipment such as TV, stereo, coffee maker etc, personal items, decoration and utensils etc.

Partly furnished. Includes parts of the furniture that were in the property at the viewing. Should be specified in reservation agreement with pictures.

Unfurnished: Without furnitures.

- If you have any questions about complaints, we recommend that you first consult with your agent on how to proceed.