Article by: Mr. Héctor Simón | Last update: April 2, 2022
Second-hand homes: 6 months from the time the home is delivered to the buyer. New homes: 1, 3 or 10 years depending on the vices or defects in question.
- 1 What is considered a second-hand home?
- 2 What does the buyer of a second-hand home pay?
- 3 What are considered hidden defects in a home?
- 4 What is the warranty on a new house?
- 4.1 How long do you have to give a guarantee on a new floor?
- 4.2 How many years of guarantee does a new construction have?
- 4.3 How to prove if it is a hidden vice?
- 4.4 How long does a lawsuit for hidden housing defects take?
- 4.5 What can be claimed for hidden defects?
- 4.6 What should a home buyer pay?
- 4.7 What does the seller pay and what does the buyer pay for a property?
- 4.8 What expenses does the seller of a home assume?
- 4.9 When is the ITP applied?
- 4.10 How long is the hidden defects guarantee?
- 4.11 When does the action for hidden defects prescribe?
- 4.12 How much does a trial for hidden vices cost?
- 4.13 How long do I have to claim hidden defects in a vehicle?
- 4.14 When a person sells something to another with a defect that cannot be seen and that prevents it from being used for the purpose for which it was purchased, who will be responsible for that hidden defect?
- 4.15 How long is a work guaranteed?
- 4.16 How many years does the responsibility of a construction company last?
- 4.17 How long can a construction company be claimed?
- 4.18 What is the warranty period?
- 4.19 What percentage does the seller of a property pay?
- 4.20 What notary fees does the seller pay?
What is considered a second-hand home?
For its part, a second-hand home is one that has either had at least one owner or has been rented for at least two years and the new owner is not the old tenant.
What does the buyer of a second-hand home pay?
Unlike a new house, with second-hand properties, you do not have to pay VAT, but the Property Transfer Tax that we already explained to you at the beginning of the post. It is something that applies in 2021 and previous years and remains in force for this year 2022.
Hidden defects are all those defects or flaws that a home has and that are not detected with the naked eye, and that are only discovered when living in it.
What is the warranty on a new house?
These terms are as follows: 10 years for structural defects (beams, pillars, floors, foundations, retaining walls, etc.). 3 years for defects in construction elements or installations that affect the habitability of the building. 1 year for finishing defects.
35 related questions found
How long do you have to give a guarantee on a new floor?
The warranty period for defects in the finish of the home is one year from the delivery of the home.
How many years of guarantee does a new construction have?
1 year for so-called finishing defects. 3 years for vices or defects that affect habitability. 10 years for defects that affect the structural safety of the building. Construction defects must be externalized within these deadlines.
If we want to demonstrate hidden defects in a vehicle, we must hire an expert expert in hidden defects in cars. This professional will make an expert report on the state of the vehicle and the problems it presents.
But in theory, when filing a lawsuit it would take 5 days, admit it by the court, from 10 to 20 days, trial hearing approximately 10 days. You can ask in the corresponding Court.
The claim for hidden defects in a sale refers mainly to those deficiencies, failures or flaws of which the buyer was not informed and that, after a short time, appear. The most frequent claims are related to the sale of homes or vehicles.
What should a home buyer pay?
How much do I have to pay for these expenses and taxes? The cost of the purchase expenses are usually between 10% and 12% of the value of the home, although it is something that will depend on the amount of the acquisition and the autonomous community in which it is formalized.
What does the seller pay and what does the buyer pay for a property?
To be more precise, for the sale of the property the buyer must pay, in total, 1.94% of the value for which he acquired the property, and the seller must pay, in total, 1.27% of the value for the who sold said property.
What expenses does the seller of a home assume?
The expenses that we must pay to sell a flat represent, in general, between 5% and 15% of the sale price, although they vary depending on the autonomous community where the house is located and the particular situation of the property (for example, whether or not you have an outstanding mortgage).
When is the ITP applied?
The ITP (Property Transfer Tax) is applied when there is a transfer or sale of goods between individuals or real rights, loans, bonds, leases, pensions and certain administrative concessions are constituted. .
Regarding the validity of this type of bond, since it is a work, it will normally be one year, from the date on which it is concluded. In the case of supplier services, the validity of this type of bond will be 18 months, from the time the order is delivered.
We have already anticipated that the actions to claim the rectification or substitution of the property due to a hidden non-repudiation defect, prescribes within a period of five years.
Thus, the minimum cost that you will have to assume if you want to claim the sale of a second-hand good with hidden defects will be 10% of its value. While the maximum that, in general, you will have to pay will be 20%. 15% is therefore placed as the average price for this type of procedure.
Deadline to claim a hidden defect in a car
As we have said, the term is 6 months from the date of purchase. The day from which the term begins to count is the day that appears in the contract of sale.
Question: When a person sells something to another with a defect that cannot be seen and that prevents it from being used for the purpose for which it was purchased, who will be responsible for that hidden defect? The buyer.
How long is a work guaranteed?
In accordance with article 73 quarter, of the Federal Law on Consumer Protection and regulations, if you have just acquired a new house, you will have the guarantee that the property will be protected for one year from the time it is delivered to you.
How many years does the responsibility of a construction company last?
10 years For material damage caused to the building by vices or defects that affect the foundations, supports, beams, floors, load-bearing walls or other structural elements, and that directly compromise the mechanical strength and stability of the building .
How long can a construction company be claimed?
The warranty terms are 1 year for finishing and finishing defects, 3 years for habitability, functionality and safety defects and 10 years for structural defects. The limitation period is the period that the affected party has to file a claim since he becomes aware of the defect.
What is the warranty period?
National Law 24,240 on Consumer Defense establishes the following, in the second part of article 11: “The legal guarantee will be valid for three months in the case of used personal property and for six months in other cases from the delivery, The parties may agree on a longer term.
What percentage does the seller of a property pay?
If the property for sale was acquired after January 1, 2018, whether a natural person or a legal entity, pay the income tax that is on account of the corresponding declaration. Only the percentage varies: individuals 1.5% and legal entities 3%.
What notary fees does the seller pay?
Regarding who must pay the notarial expenses in the purchase of a home, the Civil Code establishes the following: The expenses of granting deeds will be paid by the seller, and those of the first copy and the others after the sale will be paid by the seller. buyer’s account, unless otherwise agreed.
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