Buying “a cuerpo cierto” does not prevent you from claiming for construction defects
When a clause in a purchase contract states that the property is sold “a cuerpo cierto” (as a single unit, regardless of its exact measurements), what it means is that in the event of an error in the square metres or the area of the property sold, the buyer is aware of the actual floor area of the property and accepts it, regardless of whether, when measured, it turns out to be a metre larger or smaller than described or recorded in the Land Registry.
This clause, provided for in article 1471 of the Civil Code, was mainly used in sales of large estates where a lump-sum price per square metre was agreed, setting the price according to the known size of the land. It established that, in the sale of a property for a lump sum, the price will not increase or decrease even if the area (number of square metres) turns out to be larger or smaller than stated in the contract.
Does this prevent you from claiming for construction defects or latent defects?
No. As we have said, it is simply a standard clause meaning that the owner accepts the floor area sold. Latent defects and construction defects are rights that purchasers of new builds have by law and cannot waive, to protect their property against the different types of defects during the set time limits.
However much it is claimed that the buyer visited the property and therefore knew the condition of the home, this cannot limit the purchaser’s rights or the legal and contractual guarantees that can be exercised within their respective time limits.
In general, very little can be seen during courtesy visits, let alone damage that CANNOT be seen with the naked eye, since some damage will surely only become apparent with the actual use of the property and other damage will appear over time: there may be construction defects (such as poor waterproofing) whose effects have not yet appeared (damp). And it would leave the owner seriously defenceless if the mere words “cuerpo cierto” prevented the owner from legitimately claiming for that damage.
If you have any questions, contact us. DPcon Reclamaciones Daños Constructivos.
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