The seller’s responsibility
What happens if the buyer discovers faults and defects in the property you have just sold?
As the seller, you may be held liable for compensation for what are known as “hidden faults” if, following the sale, a court rules that the property was in appreciably worse condition than the buyer had reason to expect, and that this affects the residential environment or would have affected the purchase price. However, the fact that properties are sold “as viewed” (cuerpo cierto) limits the buyer’s opportunities to sue successfully for compensation.
The condition of the property
Spanish law requires the purchaser, to the best of his or her ability, to perform a careful, in-depth examination of the property he/she intends to purchase. In many cases, the buyer may well call on a professional for assistance in this area. This is something that you, as the seller, should understand and accept without demur.
The task of the estate agent
One of the estate agent’s tasks is to encourage you to provide information about any faults and defects of which you are aware. The reason for this is naturally to provide the best possible basis for the price discussions, and to avoid subsequent arguments about the condition of the property.