La inmobiliaria no me avisó de que el piso que he comprado tenía una derrama importante. ¿Cómo puedo reclamar?

F. Lagunas purchased a flat in Barcelona in February and was told the community expenses were 59 euros per month. However, they were never warned that an additional recurring expense of 209 euros was approved for funds to address issues on the property. The question is how they can claim for this hidden information.

According to Catalan civil code, the obligation to pay common expenses and maintenance fees falls on the owner at the time each payment is due, regardless of when the property council approved the agreement. The property itself is also responsible for any unpaid community debts from the current year and the four preceding years.

If a recurring expense or prior-approved derrama is discovered after purchasing the property but not communicated to the buyer, Catalan law allows for claims against those involved in the transaction, such as the seller or the real estate agency acting as intermediary. The seller can be sued for lack of compliance, as per the Civil Code's Book Six (articles 621-9 and beyond), which requires the seller to deliver the property free of undisclosed burdens.

Failure to disclose a recurring community expense can be considered a contractual breach, allowing the buyer to seek compensation for economic damages (articles 621-37 CCCat) to offset the financial harm caused by the omission.

Additionally, the Real Estate Agents Act of Catalonia (Law 18/2007) obliges intermediaries to provide accurate and complete information about property burdens, real afecciones, and community expenses. If the agency only provided a lower monthly fee without verifying the exact account status with the property's administrator, they may be held liable for professional negligence and required to compensate for the resulting damages.

Lagunas can seek legal action against either the seller for breach of compliance or the real estate agency for negligence. They can contact vivienda@elpais.es for further assistance with their case. Any information provided will be handled by Ediciones El Pais S.L.U. for the purpose of managing inquiries and compiling journalistic content.

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