After signing the deposit, the buyer asked an architect to visit the property, and he found cracks affecting the structure. Attention! Well, the seller has been obliged to return the deposit and to pay the buyer for the damages caused [real case 07-04-2022] :
- The seller argued that it was not a hidden defect, as before the down payment the buyer and two valuers visited the house. Note. But this claim has been rejected: since the house was advertised as "house in good condition", it was not to be expected for a buyer with no knowledge in construction that it could have major cracks. And the valuers only value the property for the purpose of processing the mortgage.
- In short: although the buyer could see the cracks because they were visible, due to his knowledge he could not perceive the structural danger they entailed, so there was a hidden defect that the buyer could not appreciate when signing the deposit.
"Even if it is visible, a hidden defect is one that cannot be perceived by a non-expert".