A second-hand dwelling is delivered with the electricity supply disconnected. In addition, the water supply network of the property has defects due to its age, and the municipal utility company requires refurbishment works.
What can be done?
The action provided for in Article 1484 of the Spanish Civil Code is subject to a six-month limitation period, counted from the actual delivery of the sold property. The time limit starts to run from the execution of the public deed and the handover of the dwelling.
It is not possible to terminate the contract, since Article 1124 of the Spanish Civil Code requires a breach of greater significance in relation to the purchase price.
However, for this partial breach, it is possible to claim damages on the basis of Article 1101 et seq. of the Spanish Civil Code, and the applicable limitation period is five years.
