BLOG: Consumer Rights Regarding Hidden Defects in Construction
By Nabil Ramia
I have had a great part of my life until today deeply immerse in Dominican Republic’s Consumer Protection Rights as I had the opportunity of working in the area for 5 years. Because of it, I write this article on respect of what is the main concern of clients, national and international ones, that buy their first, second or investment home in the island, and that is construction defects, about which Dominican Republic law is firm.
Construction defects, refers to flaws or imperfections in the construction process that can affect the integrity, safety, or functionality of a built structure. These defects may include issues such as poor workmanship, design errors, or the use of substandard materials, leading to problems ranging from water leaks and structural instability to electrical or plumbing malfunctions. Construction defects can manifest in both residential and commercial properties and often result in financial and logistical challenges for property owners. Addressing construction defects typically involves legal recourse, with affected parties seeking remedies from builders, contractors, or developers to rectify the issues and mitigate the associated damages. It underscores the importance of adherence to quality standards and diligent oversight throughout the construction process to ensure the longevity and safety of built environments.
In accordance with our laws, specifically the Dominican Republic's Civil Code, it states: “The seller is obliged to guarantee the sold item against hidden defects, rendering it useless for its intended purpose, or diminishing its use to such an extent that the buyer would not have purchased it or would have paid a lower price had they been aware.” Additionally, in Article 1645, it confirms that: “If the seller is aware of the defects in the item, they are obligated, in addition to refunding the price received, to compensate the buyer for all damages and losses suffered.'"
In conclusion, success in real estate is an amalgamation of traits ranging from adaptability and effective communication to market expertise, client-centricity, and tech-savviness. By embodying these characteristics, agents and brokers position themselves not only as industry leaders but as trusted partners in their clients' real estate endeavors.
