This article explains, in practical terms and in light of Romanian legislation, when a defect qualifies as a “hidden defect”, which conditions must be met to hold the seller liable, what deadlines apply, what remedies the buyer can obtain (repairs, price reduction, or even termination of the sale), and what concrete steps you can take if you discover serious issues after you have moved in. The focus is mainly on residential real estate (apartments, houses), but the same general principles also apply to other types of constructions.
The analysis is based on the Romanian Civil Code – Law no. 287/2009, especially Articles 1707–1713 (legal warranty against defects) and Article 2531 (time limits for actions based on hidden defects), as well as on Law no. 10/1995 on quality in constructions and on recent case law and doctrinal commentary. You can consult the official version of the Civil Code on the Romanian Portal Legislativ and consolidated versions on specialised legal websites such as LegeAZ or CodulCivil.ro.
The information below is general and educational in nature. Hidden defects disputes are very fact-sensitive and often hinge on technical expert reports and fine procedural details. For any specific case, you should obtain customised advice from a lawyer specialised in civil and real estate law.
1. The legal framework for hidden defects in Romanian real estate
The starting point is the section on sale in the Romanian Civil Code (Law no. 287/2009), where the legal warranty against defects is regulated in Articles 1707–1713. For ease of reference, it is useful to read Article 1707 in full on a specialised site such as CodulCivil.ro (Art. 1707) or LegeAZ (Art. 1707).
Broadly, this legal framework provides that:
- the seller must guarantee the buyer against hidden defects which make the property unsuitable for its normal use or substantially reduce its usefulness or value;
- a defect is “hidden” if, on the delivery date, it could not be discovered by a prudent and diligent buyer without specialist assistance;
- the Civil Code allows contractual limitations or exclusions of the warranty (for example, clauses that the property is sold “as is”), but such clauses are null and void in relation to defects that the seller knew or should have known about at the time of the sale (Article 1708 Civil Code);
- the buyer must notify the seller of discovered hidden defects within a reasonable time (Article 1709 Civil Code);
- the buyer can obtain, under Article 1710, various remedies: removal of defects, replacement (rare in practice for real estate), price reduction, or termination of the sale (rezoluțiune);
- Article 1712 distinguishes between the seller acting in good faith and the seller acting in bad faith (who knew of the defects), the latter facing a wider range of damages.
In parallel, the time limits within which the buyer must act are mainly governed by Article 2531 Civil Code, which sets specific rules on when the limitation period for actions based on hidden defects starts to run, including special rules for constructions (buildings). You can consult Article 2531 on CodulCivil.ro – Art. 2531 or LegeAZ – Art. 2531.
For newly built properties, Law no. 10/1995 on quality in constructions is also important. It sets minimum warranty periods (for example, 10 years for certain structural elements) and determines who is responsible (designer, contractor, developer) for hidden structural defects. The official version is available on the Portal Legislativ, and consolidated PDFs can be accessed on university or professional sites, such as University of Timișoara (PDF).
2. What is a “hidden defect” in legal terms?
Article 1707 Civil Code defines the core concept. In essence, the seller guarantees the buyer against any hidden defects that make the property unsuitable for its intended use or that reduce its usefulness or value to such an extent that, had the buyer known about them, they would not have bought the property or would have paid a lower price. A defect is “hidden” if, on the date of delivery, it could not be discovered by a prudent and diligent buyer without specialist assistance.
Based on the legal text and on commentary and case law analysing hidden defects in real estate transactions, several cumulative conditions must generally be met for a defect to qualify as a hidden defect that engages the seller’s legal warranty:
- There must be an actual defect, typically a physical or technical defect in the property (for example, structural problems, serious water infiltrations, defective installations) rather than a mere subjective dissatisfaction of the buyer.
- The defect must be serious: it must seriously affect the normal use of the property or reduce its value to a significant degree. Minor imperfections or purely aesthetic issues usually do not qualify.
- The defect must have existed at the time of delivery, even if it manifested itself or became visible only later (for example, improper waterproofing that led to leaks after the first winter).
- The defect must be hidden in the sense that a reasonable buyer could not have discovered it at the time of the sale without expert knowledge or testing.
- The defect must appear within the legal or contractual warranty period applicable to the property or type of work (for constructions, the Civil Code and Law 10/1995 both play a role).
Romanian doctrinal articles and practice summarise these conditions in similar terms, emphasising in particular the need for seriousness, the hidden nature of the defect, its pre-existence at the time of delivery, and the requirement that it should materialise within the warranty period. Specialist analyses focusing on hidden defects in constructions and real estate transactions underline these elements when explaining when the seller’s warranty is engaged.
3. Hidden defects vs. apparent defects and the buyer’s duty to inspect
The Civil Code makes a distinction between apparent defects (Article 2530) and hidden defects (Article 1707, Article 2531). Apparent defects are those which a reasonable buyer can detect at the time of delivery through normal visual inspection and simple tests. Hidden defects are those which cannot be discovered that easily and would typically require the assistance of professionals (engineers, electricians, plumbers, structural experts).
This distinction is important because:
- for apparent defects, the buyer is presumed to accept what they see if they do not raise objections in due time; the law provides a separate limitation period for actions based on apparent defects;
- for hidden defects, the focus shifts to what could reasonably be discovered without specialist assistance at the time of the sale.
In concrete terms, if, at the time of viewing the property, there are obvious large cracks in structural walls, visible mould in many rooms, or broken tiles that are clearly visible, the buyer will generally not be able to treat these as “hidden defects” later. On the other hand, micro-cracks in beams concealed under fresh plaster, defective waterproofing under a flat roof, or safety issues in the electrical system that cannot be seen without measurements and specialised testing are much more likely to qualify as hidden defects.
Legal commentary underlines that the buyer has a duty to inspect the property before purchasing, acting as a prudent and diligent person. However, this duty is not absolute and does not require the buyer to open up walls, remove finishes or hire a full team of experts in every transaction. The question is always what is reasonable, in context: for a high-value property or one where there are warning signs, calling in a technical expert even before signing the contract may be strongly advisable.
4. Typical examples of hidden defects in residential properties
While every case depends on its own specific facts and on expert evidence, practice and commentary on hidden defects in constructions and real estate offer some recurring examples that tend to be treated as hidden defects where the legal conditions are met:
4.1. Structural problems
Structural defects are among the most serious defects that can affect a building. Examples include:
- under-dimensioned or improperly reinforced beams or columns;
- foundation problems, such as differential settlement causing cracks in walls and floors;
- serious corrosion of reinforcement or compromised load-bearing walls, sometimes following unauthorised alterations;
- construction carried out in disregard of the approved structural project or seismic rules.
Such defects may not be apparent at the time of sale, especially if the property appears visually “freshly renovated”. They are typically discovered later through structural investigations, technical expert reports or after visible damage starts to appear. When expert evidence confirms that the cause of the problem existed at the time of delivery and that the defect is serious, courts have treated these issues as hidden defects that can justify strong remedies, including termination of the sale.
4.2. Waterproofing problems, leaks and damp
Problems with waterproofing and insulation are a classic source of hidden defects litigation: water infiltration from the roof or terrace, leaks through improperly sealed balconies, damp in basements and ground-floor rooms caused by defective horizontal waterproofing, or serious condensation and mould due to thermal bridges and inadequate insulation.
These defects are often temporarily masked before the sale by repainting affected surfaces. Once the first heavy rain or the first winter arrives, stains, damp patches and mould reappear. Where expert evidence concludes that the root cause is defective construction (e.g., a faulty membrane, improper slopes, missing vapour barriers) and that these defects pre-date the sale, they typically meet the conditions for hidden defects under Article 1707.
4.3. Defective installations
Electrical, plumbing and heating systems can also harbour hidden defects, such as:
- electrical circuits overloaded or not complying with technical standards, creating risk of fire;
- plumbing with hidden leaks in walls or floors, leading to water damage and mould;
- improperly installed gas installations, with safety risks;
- heating systems that are undersized relative to the building’s needs or improperly balanced, leading to chronic under-heating in some rooms.
Because a normal viewing or a standard hand-over inspection rarely includes full testing of all circuits and systems, these problems commonly surface after the buyer moves in. If an authorised installer or expert confirms that the cause of the problem existed at the time of delivery and is not due to misuse or later changes by the buyer, this usually supports the classification as a hidden defect.
4.4. Documentation and “mixed” technical-legal problems
Sometimes, what appears as a technical defect is intertwined with documentation or legal issues: work carried out without a building permit, substantial deviations from the approved project, lack of a final reception or irregularities in the way the building was recorded in the land register. These issues may affect the property’s usability (for example, because certain areas cannot be legally used or are at risk of demolition orders) and may also be relevant in a hidden defects context or as grounds for other types of claims (for example, error as a defect of consent).
Recent decisions of Romanian courts dealing with actions for termination of sale contracts based on hidden defects emphasise the need to distinguish between a physical defect of the property (regulated by Article 1707) and an error affecting the buyer’s consent (regulated by Article 1207 Civil Code). In many cases, however, both arguments are raised and assessed together.
5. Time limits: warranty period, notification and limitation period
Time limits are a central part of any hidden defects dispute. It is not enough that a defect exists: the buyer must also act within certain deadlines, otherwise claims may be time-barred. Three aspects are particularly important: the warranty period, the obligation to notify the seller within a reasonable time, and the limitation period for bringing an action in court.
5.1. The warranty period for hidden defects in constructions
Article 2531 Civil Code provides special rules on when the limitation period for hidden defects claims begins. For constructions, paragraph (1)(b) states that the limitation period for actions based on hidden defects starts, at the latest, from the expiry of three years from the date of delivery or final reception of the construction, unless the defect was discovered earlier, in which case the limitation period runs from the date of discovery. Paragraph (4) clarifies that the periods mentioned in this article are warranty periods within which the defects must, in all cases, appear.
In practice, legal commentaries and specialised articles on hidden defects in constructions interpret this as establishing, for buildings, a general warranty period of three years from delivery within which hidden defects need to materialise. Commentary further stresses that Article 2531 does not affect any special warranty periods provided by other laws or by contract. For example, Article 29 of Law no. 10/1995 on quality in constructions sets a 10-year period of liability for certain hidden structural defects on the part of designers, contractors and other professionals involved in the construction.
In other words, the Civil Code warranty period and any specific warranties (such as the 10-year structural warranty under Law 10/1995) coexist: the general rule is three years for hidden defects to appear, but a longer, special statutory warranty will prevail where applicable. Courts and legal authors have analysed in detail how these rules interact, especially when both the Civil Code and Law 10/1995 potentially apply.
5.2. The buyer’s obligation to notify the seller
Article 1709 Civil Code imposes a separate requirement: the buyer who discovers hidden defects must notify the seller within a reasonable time after discovery. For movable goods in professional relationships, the article sets specific very short deadlines (two working days), but for real estate transactions with consumers, the law uses the open-ended standard of a “reasonable period” depending on the circumstances.
Case law and doctrinal analysis stress that the buyer should not wait months or years after discovering a serious defect to inform the seller. While what counts as “reasonable” will depend on complexity, the need to get an expert report, the intensity of the defect and communication between the parties, good practice is to send written notice (letter, email with delivery/read confirmation, or even a formal notice via a bailiff) as soon as possible after you understand the nature and seriousness of the problem.
If the buyer does not notify the seller within a reasonable time, Article 1709 provides that they may lose the right to seek certain remedies, in particular termination of the sale. Even if courts sometimes show flexibility for consumers, delay can substantially weaken a buyer’s position.
5.3. The limitation period for bringing an action
Actions based on hidden defects (whether asking for repair, price reduction or termination and damages) are, in principle, patrimonial personal actions and are subject to the general three-year limitation period under Article 2517 Civil Code, unless a special rule applies. Article 2531 clarifies the starting point for this limitation period in the context of hidden defects: for constructions, the limitation period starts at the moment set out in Article 2531 (for example, the expiry of three years from delivery if the defect appears later, or the date of discovery if the defect appears earlier).
Specialised legal articles examining the interplay between Article 2531 Civil Code and Law 10/1995 highlight that, for certain categories of construction defects, there may be a longer statutory warranty period (for instance, 10 years for structural issues) and that the general Civil Code rule must be read in light of these specific provisions. Judicial decisions, including some from the High Court of Cassation and Justice, have clarified that the Civil Code warranty period marks the latest moment when the limitation period can begin, but does not override longer statutory warranties provided by special laws.
For buyers, the practical message is simple: as soon as a significant defect is discovered, do not rely on long theoretical timeframes. Seek legal advice and take steps quickly – notify the seller, gather evidence, and consider litigation if an amicable solution proves impossible.
6. Seller’s liability: good faith, bad faith and “sold as is” clauses
Under Article 1708 Civil Code, the seller is, by default, obligated to guarantee the buyer against hidden defects even if the seller did not know about them. Parties may agree to modify or even exclude the warranty, but any clause that excludes or limits liability for defects that the seller knew or should have known about is null and void. Legal commentaries and practice confirm that “exoneration” clauses are only effective where the seller acted in good faith and truly had no knowledge of the hidden defects.
In practice, many sale contracts include boilerplate language such as “the buyer declares that they have inspected the property and accepts it in its current condition” or “the property is sold as is, and the seller is not liable for hidden defects”. While such formulations may be valid to a point, they cannot shield a seller who knowingly concealed serious defects. Moreover, where the buyer is a consumer and the seller is a professional (e.g., developer, construction company), consumer protection legislation on unfair terms may also come into play when assessing such clauses.
Article 1712 Civil Code differentiates between the good-faith seller (who did not know of the defect) and the bad-faith seller (who knew), by regulating the extent of liability:
- if the seller knew of the defects at the time of the contract, then in addition to one of the remedies under Article 1710 (repair, replacement, price reduction, termination), the seller is liable for full damages to compensate the buyer’s entire loss, where appropriate;
- if the seller did not know of the defects, then, when price reduction or termination is ordered, the seller must as a rule reimburse the price and the buyer’s sale-related expenses, in whole or in part, but will not automatically owe further damages.
Specialised practice notes that courts look closely at evidence of bad faith: emails, pre-contract discussions, previous repairs or expert reports known to the seller, and attempts to cover up problems (for example, repainting affected areas shortly before sale) can all play a role in classifying the seller as having acted in bad faith.
7. What remedies can the buyer obtain for hidden defects?
Article 1710 Civil Code lists the buyer’s main options when invoking the warranty against hidden defects:
- repair (removal of defects) by the seller or at the seller’s expense;
- replacement of the property with another of the same kind, free of defects (in practice, rarely applicable to individual real estate, but sometimes relevant in large developments where multiple similar units exist);
- price reduction proportional to the defect, known in doctrine as the “estimatory action”;
- termination of the sale (rezoluțiune), which leads to the property being returned and the price reimbursed, along with related expenses and, in some cases, damages.
The law gives the buyer the right to choose the remedy, but also allows the court, at the seller’s request, to opt for a different remedy than the one initially requested, taking into account the gravity of the defects, the purpose of the contract and other circumstances. For example, if a buyer asks for termination but the defects, although serious, are fully repairable at reasonable cost and without disproportionate inconvenience, the court might prefer to grant repair or price reduction.
Legal opinions and judicial decisions on the effects of the warranty highlight that:
- repair is typically indicated when the defects can be remedied with clarity and at a cost that does not exceed the value of the property or distort the balance of the contract;
- price reduction is appropriate where the property can still be used for its intended purpose but its value is diminished (for instance, chronic damp affecting comfort and market value but not rendering the property completely unusable);
- termination is reserved for cases where defects are so serious that, had they been known, a reasonable buyer would not have entered into the contract at all (for example, serious structural issues jeopardising safety).
In addition, depending on whether the seller acted in good or bad faith, damages may cover losses such as temporary accommodation costs during repair works, diminished rental income, and other proven economic losses, as explained in commentary on Article 1712 and in case law dealing with the scope of liability for hidden defects.
8. Practical steps for buyers when they discover hidden defects
From a practical standpoint, when you discover potentially serious problems with your property after purchase, it is important to move in an organised, evidence-driven way. A sensible sequence might be:
8.1. Document the problems thoroughly
Start by gathering evidence:
- take clear, dated photographs and videos showing the defects (cracks, damp patches, leaks, damage);
- note down dates and conditions under which the defects appear or worsen (for example, after heavy rain, in winter, when heating is turned on);
- if possible, obtain written reports from professionals (plumbers, electricians, waterproofing contractors) describing the issue, its likely cause and when it probably originated;
- for significant issues, consider commissioning an independent technical expert report (pre-litigation expert opinion), which can later be used as evidence or as a basis for settlement negotiations.
8.2. Check your documents and deadlines
Review your sale contract, annexes, hand-over protocol and any warranties provided by the developer or contractor. Pay attention to:
- any contractual clauses on warranty (shorter or longer periods, specific procedures for notifying defects);
- the exact date of delivery or final reception, which is relevant for calculating warranty periods and limitation periods under civil law;
- any special warranties given by the builder (for example, 10-year structural warranty, 5-year waterproofing warranty), which may go beyond the Civil Code default rules;
- whether the seller is a professional developer or company, in which case consumer protection rules may offer additional arguments against certain exoneration clauses.
8.3. Notify the seller in writing without undue delay
In light of Article 1709 Civil Code, you should send a written notice to the seller as soon as reasonably possible after you understand that you may be facing hidden defects. The notice should:
- identify the sale contract and the property;
- describe the defects in concrete terms (where exactly they manifest, since when, under what circumstances);
- refer to any technical findings you already have (attaching copies of reports, if available);
- state that you consider these to be hidden defects existing at the time of the sale and that you are invoking the legal warranty;
- indicate what you are seeking at this stage (for example, repair at the seller’s expense, price reduction, or at least an on-site meeting to discuss solutions);
- set a reasonable deadline for the seller to respond.
Use a method that allows you to prove delivery (registered mail with return receipt, courier with confirmation, or formal notice via a bailiff). For professional sellers, email with explicit receipt confirmation may also be acceptable, but a more formal channel is generally safer in contentious situations.
8.4. Explore an amicable solution
In many cases, especially when the seller is a developer, it may be possible to reach a practical solution: the seller organises and pays for repair works, offers a price reduction, or a combination of both. Amicable agreements can be efficient and save time and litigation costs, but they should be well documented in writing and carefully drafted, ideally with legal assistance, so that they truly settle the dispute and do not inadvertently waive rights you might need later.
8.5. Consider litigation if necessary
If the seller refuses to cooperate, denies responsibility or simply ignores your notice, the next step is to discuss your options with a lawyer. A typical litigation strategy will involve:
- determining which defendants can be sued (immediate seller, developer, contractor, potentially others depending on the contractual chain and Law 10/1995);
- deciding what to claim (repair, price reduction, termination, damages) in light of the seriousness of the defects and evidence available;
- initiating court proceedings within the applicable limitation period, often accompanied by a request for a judicial technical expert report to be ordered by the court.
Because hidden defects litigation can be complex and expensive, early and well-structured preparation, including a strong technical file, can significantly increase your chances of success or of reaching a favourable settlement.
9. How can a seller defend themselves in a hidden defects dispute?
If you are the seller being sued for hidden defects, your defence will depend on the specific case, but some common lines of argument used in practice include:
- challenging the classification as a hidden defect – arguing that the defect was visible or discoverable through normal inspection, and therefore falls under apparent defects, not hidden ones;
- arguing that the defect did not exist at the time of delivery – for example, that the problem was caused by the buyer’s alterations (removing walls, changing installations) or by poor maintenance;
- invoking the expiry of the warranty period or limitation period – claiming that the defect appeared outside the legal or contractual warranty period or that the claim was brought after the limitation period expired;
- invoking late or missing notification – showing that the buyer waited excessively long after discovering the defect before notifying, contrary to Article 1709;
- asserting good faith – even if liability is found, showing that you did not know and could not reasonably have known about the defects may limit damages under Article 1712.
From a practical perspective, sellers (especially professional developers) should also keep good records: design and construction documentation, quality certificates, reception minutes, and records of any previous repairs or complaints. These can be invaluable in showing that certain problems are due to later events rather than pre-existing hidden defects.
10. Interaction with contractors and Law no. 10/1995
In modern real estate transactions, the seller often is not the original builder. For example, a buyer might purchase from a developer who contracted a construction company, who in turn used subcontractors. In other scenarios, the seller is a private person who bought from a developer some years before and is now reselling the property.
In such cases, multiple legal regimes may overlap:
- the buyer’s direct relationship with the seller is governed by the Civil Code rules on sale and warranty against hidden defects (Articles 1707–1713, 2531);
- the relationship between the developer (or original owner) and the contractor falls under contracts for works (antrepriză) and the specific warranty regime for such contracts, also making reference to Article 2531;
- Law 10/1995 imposes specific obligations and structural warranties on professionals involved in the design and execution of buildings, including 10-year liability for certain hidden structural defects.
Specialised doctrinal articles discussing warranty for hidden defects in constructions underline that, when a hidden defect in a building is due to defective design or execution, the final buyer may have claims not only against their immediate seller, but also indirectly (through recourse actions) against designers, contractors and others within the construction chain, especially where Law 10/1995 applies. The exact configuration of claims depends on the contracts and on who is actually sued by whom, but the key point is that the Civil Code warranty and the construction-quality regime must be read together, not in isolation.
11. Conclusions
Hidden defects in real estate are one of the main sources of litigation after a property sale. Romanian law seeks to balance the buyer’s interest in getting what they paid for with the seller’s interest in not being exposed indefinitely to any problem that may arise in the lifetime of a building.
In practical terms, for a buyer to invoke the legal warranty for hidden defects successfully, they must generally show that:
- there is a real, serious defect affecting the property;
- the defect was hidden at the time of delivery and could not be detected without expert assistance by a diligent buyer;
- the cause of the defect already existed when the property was delivered;
- the defect manifested itself within the applicable legal or contractual warranty period (for constructions, usually three years under the Civil Code, without prejudice to longer statutory warranties such as those under Law 10/1995);
- the buyer notified the seller in a reasonable time after discovery; and
- the action in court, if necessary, was brought within the limitation period.
If these conditions are met, the buyer may obtain repair, price reduction or, in serious cases, termination of the sale, plus damages depending on whether the seller acted in good or bad faith. Sellers, in turn, can defend themselves by challenging the nature, origin or timing of the alleged defects and by relying on compliance with time limits and good faith.
Given the technical and legal complexity of hidden defects disputes, both buyers and sellers are well advised to involve competent professionals early on: engineers or other technical experts to investigate the problems and lawyers with real estate and litigation experience to map out an effective strategy.
FAQ – Hidden defects in Romanian real estate
1. What exactly is a “hidden defect” in an apartment or house under Romanian law?
A hidden defect is a defect in the property that makes it unsuitable for its normal intended use or significantly reduces its usefulness or value, such that a reasonable buyer would not have purchased it or would have paid a lower price if they had known about it. The defect must have existed at the time of delivery and must not have been discoverable by a prudent and diligent buyer without specialist assistance.
2. How long is the seller liable for hidden defects in a building?
Under Article 2531 Civil Code, hidden defects in constructions must appear within a three-year period from delivery or final reception. This period is treated as a warranty period within which defects must manifest. In addition, special laws such as Law 10/1995 may provide longer statutory warranties (for example, a 10-year period for certain structural defects), which coexist with the Civil Code regime.
3. Do I have to notify the seller immediately after discovering a hidden defect?
Yes. Article 1709 Civil Code requires the buyer to inform the seller of hidden defects within a reasonable time after discovering them. Although the law does not set a fixed number of days for real estate transactions with consumers, you should send a written notice as soon as reasonably possible, describing the problems and indicating that you are invoking the warranty, otherwise you risk losing access to some remedies (especially termination of the sale).
4. Can I ask for termination of the sale if my property has hidden defects?
Termination of the sale (rezoluțiune) is one of the remedies expressly provided by Article 1710 Civil Code, alongside repair, replacement and price reduction. However, courts usually grant termination only when defects are so serious that, had they been known, a reasonable buyer would not have concluded the contract at all – for example, significant structural issues that compromise safety. If defects can be adequately remedied or are less severe, repair or price reduction may be preferred.
5. What is the difference between a good-faith and a bad-faith seller in hidden defects cases?
A good-faith seller is one who did not know about the hidden defects at the time of the sale. A bad-faith seller is one who knew about them (or should have known) and failed to disclose them. Under Article 1712 Civil Code, a bad-faith seller, in addition to repair, price reduction or termination, may be liable for full damages covering the buyer’s entire proven loss, while a good-faith seller’s liability is usually confined to the price, sales expenses and the cost of remedies.
6. I bought from a developer. Can I rely on any additional warranties?
In addition to the Civil Code warranty for hidden defects, property buyers dealing with developers can often rely on special warranties under Law 10/1995 on quality in constructions (for example, 10-year structural warranties) and on specific contractual warranties set out in the sale documentation. Consumer protection rules may also apply to unfair contractual terms. It is important to review your contract and warranty certificates carefully.
7. Is a technical expert report always necessary in hidden defects litigation?
In practice, yes. Because hidden defects are technical in nature, courts almost always rely on judicial expert reports to determine whether a defect exists, how serious it is, when it originated and what the repair costs are. Pre-litigation expert opinions can also be very useful in structuring a claim or negotiating a settlement.
8. Can the notary resolve hidden defects issues after the sale?
No. The notary who authenticated the sale does not have jurisdiction to decide disputes or force the seller to repair defects or pay damages. The notary can, at most, authenticate subsequent agreements between the parties (for example, a mutual termination of the sale or an addendum adjusting the price). To force a seller to assume responsibility, you generally need either an amicable agreement or a court decision.