A defect in a property does not leave the buyer without recourse. When the property acquired shows defects — water ingress, cracks, construction flaws — the law grants the buyer rights. But the regime and the deadlines vary depending on who sold it.
If the seller was the builder
Where the seller built the property, the construction contract (empreitada) regime applies (Article 1225 of the Civil Code): there is a five-year guarantee from delivery for defects of the ground or the construction. The buyer must report the defect within one year of becoming aware of it and exercise their rights within the following year after the report.
What rights you have
Once the defect is established, the buyer may require, as a rule and in this order: the elimination of the defects (or new construction, if they cannot be eliminated), a reduction of the price or the termination of the contract, combining, where appropriate, with compensation for the damage suffered.
If the seller was not the builder
On a sale by someone who did not build, the general regime for the sale of a defective thing applies (Articles 913 et seq. of the Civil Code), with its own, shorter reporting and limitation deadlines. Correctly classifying the case is decisive in order not to lose the right through lapse of time.
What to do — and quickly
Faced with a defect, it is important to document it (photographs, technical reports), report it in writing to the responsible party within the deadline and preserve the evidence. Letting the reporting deadline pass may extinguish the right, however good the underlying case.
Found defects in your property? Act within the deadline
A quick review of the case identifies the applicable regime, the running deadlines and the most appropriate strategy — negotiated or judicial.
Bought a property with defects? Paulo Silva Silva, Lawyer, assesses your rights and pursues the claim or action against the seller or the builder. Book a meeting or contact paulosilvasilva.adv@gmail.com · 916 055 901.
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The information in this article is general and institutional in nature; it does not constitute legal advice and does not create a client relationship. The deadlines are short and preclusive; confirm the version in force of the articles cited in the Diário da República (dre.pt) and seek timely advice.