Hidden defects after buying an apartment: what to do before repairs

After the first heavy rain, your recently purchased apartment leaks. Or an installation problem becomes apparent only after you move in. The useful first response is to limit further damage, preserve evidence and notify the seller, rather than rely solely on a verbal promise to repair.

Not every fault makes the seller liable. Its nature, cause and timing matter, along with what was known and agreed at the sale.

The rules on defects

Article 193 of the Obligations and Contracts Act addresses defects substantially reducing value or fitness for ordinary or agreed use. A seller may be liable even without knowing of the defect. The position differs where the buyer knew about it when purchasing.

Article 194 requires inspection after receipt and immediate notification of discovered defects. For a hidden problem not discoverable through an ordinary inspection, prompt notification on discovery also matters. There is an exception where the seller knew, but relying on a future dispute about knowledge is no reason to postpone notice.

Preserve useful evidence

Take dated photographs and video. Record when the problem appeared, how it manifests and which areas it affects. Retain the listing, correspondence, handover record and documents for works carried out.

Notify the seller in writing through a method that can establish receipt. Arrange a technical inspection. The cause may lie in a common part, a neighbouring property or a later event, affecting the appropriate defendant and legal basis.

During an emergency, do not allow avoidable damage merely to preserve an unchanged scene. Document urgent work, retain invoices and preserve evidence of the cause where possible. A significant dispute may justify an application to preserve evidence through the court.

Possible remedies

Subject to the legal requirements, Article 195 provides options including a price reduction, remedying defects at the seller's expense, or returning the property against repayment of the price and sale expenses. The procedure for exercising a remedy concerning real estate requires specific assessment.

This does not mean that any chosen repair quotation will automatically be payable by the seller. Necessity, causation, evidence and the amount all matter.

Do not confuse the time limits

Article 197 establishes a one-year period for Article 195 claims concerning real estate, running from delivery, and three years for a knowingly concealed defect; contractual adjustment of the period is permitted. This is not a universal limit for every claim relating to construction.

Works-contract obligations and construction guarantees may raise separate questions. Liability is not determined simply by describing the apartment as new.