Judicial principles and studies
Mortgage, Preventive Additions to the Sold Property, and Hidden Defect
Proving defects in an apartment, including hidden defects, requires technical expertise rather than solely personal testimony. A prior mortgage or buyer-made additions can prevent rescission and affect compensation claims.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
A concise summary addressing how hidden defect claims in a sale interact with a pre-existing mortgage or buyer-made additions that may constitute a preventive increase barring rescission, and the court procedures for verifying these facts under procedural and civil law provisions.
Summary
- Establishing the condition of an apartment and defects, including hidden defects, requires technical expertise and cannot rely solely on personal testimony. - Whether the apartment was rented is irrelevant to a claim for compensation due to a hidden defect. - Article 158/3 of the Civil Procedure Law permits reopening the trial to verify matters deemed necessary by the court, and Article 100 authorizes ordering a party to produce documents considered necessary for adjudication. - Reopening proceedings to investigate a preventive increase that bars rescission, directing the opposing party's agent to set out defenses and additions made to the apartment, submitting the mortgage deed, and hearing personal testimony is legally grounded and aligns with the cassation decision. - Additions or alterations made by the buyer, combined with a mortgage established before discovery of the defect, are treated as additions preventing rescission under Articles 198 and 518 of the Civil Code. - Article 518/2 defines a preventive increase as anything of the buyer connected to the sale, without requiring that it be irremovable. - A claim for compensation for a hidden defect does not require a prior notice under Article 362 of the Civil Code. This content is an educational summary and not a judicial text or legal advice.
Practical significance
This is a general educational summary based on the points published in the official source. It does not replace the original material or a review by Ashraf Al-Khawaja before relying on it for any action.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.