Ecuador Buyer’s Rights

by | May 6, 2021 | Archives

This week Dr. Andres Cordova shares details about Ecuador buyer’s rights.

andres cordova

Dr. Andres Cordova


Ecuador real estate holds great opportunities as we go through a sustained buyers-market. Those who have Ecuador in their cross hairs as aspiring expats and or real estate buyers will do well to check out the great offers at hand.

I receive many inquiries regarding Ecuador properties and am always on the lookout for prime ones.


If you want information on this beach house for sale please send me a note.

I am revisiting an article posted some time ago regarding property buyer’s rights. As interest in Ecuador real estate remains strong, this is timely.

Buying real estate is one of the momentous decisions in most people’s lives. Unless very well off, real estate buyers are likely tapping into their savings or becoming indebted in one way or another to acquire property.

Either way, knowing your rights when buying property is essential. In Ecuador property buyers have several rights that while not always expressed in the contracts are applicable across the board and must be understood by buyers so they may exercise their rights in a timely and effective way as may be warranted.

Ecuador legal principles and provision state that all laws pertinent to a given area of transaction are automatically incorporated into such transaction regardless if they are specified in the respective contract or not.

This is the case with two most fundamental protections for real estate buyers that stem from our Civil Code, which is the backbone of our legal system.

These protections are the right to undisturbed legal possession and to be compensated for hidden defects.

While these rights are fundamental across several legal systems, understanding their application in Ecuador is important.

In the first case, regarding the undisturbed ownership of the property, should the new owner be deprived of the property via a legal case for a situation stemming from before the sale, the seller has the obligation to compensate the buyer and especially so if the seller was aware of such proceedings or possibility and failed to notify the buyer.

The right to undisturbed legal possession commits the seller to reimburse the price, the closing costs, all legal collection costs (if any) and the appreciation of the property from the closing until the time of reimbursement.

So this compensation is not for the paid price only. It goes well beyond this. These cases are uncommon at best. Usually any lawful claim against a property needs to be recorded in the respective real estate registry and it will show before any closing takes place. Most potential issues will show when the respective documents are reviewed prior to the issuance of the deed and delivery of the price.

The compensation for hidden defects is broader and basically entails those defects that are important enough that should they have been made known to the buyer before the purchase, he/she could have well decided not to buy or requested a sensible reduction in the price.

It is important that these defects be hidden. This is, that they are not readily visible and evident to any prospective buyer during a tour of the property or that the buyer is not qualified to assess them during a more profound inspection.

Usually the asking and closing price of a property reflects its condition and there are no grounds for compensation if, say, a wall’s paint is peeling off; something that is evident at first sight.

Now, contractual relationships require a minimum of loyalty and, hence, disclosure by sellers is important, especially with regards to elements that can have important bearing on the decision to buy or not. Sellers are often hesitant to disclose issues that may get a prospective buyer to back off.

Depending on the magnitude of the hidden defect, the buyer has the option to seek compensation from the seller or to outright rescind the contract and claim the reimbursement of the funds.

In some cases, where it can be proven that the seller knew of a grave defect beforehand and failed to disclose this to the buyer, the seller can be liable for damages. This is important to consider.

Please note that the seller will not likely have to compensate a buyer for elements that can be deemed evident and that could easily be assessed in a simple inspection.

For most of these claims there is a statute of limitations that go from a year to eighteen months from the effective taking of possession date, this is why it is important to know your rights and that you have to move to enforce them within a certain time.

In special cases, the buyer and seller can stipulate a longer period, subsequent inspections and more. This can be the case for some complex negotiations.

All closings in Ecuador will automatically include these and other rights, unless expressly renounced by the parties.

Let us know if you have any questions regarding the purchase of real estate in Ecuador.

Kind regards,

Andrés Córdova


View – Vista
Pool – Piscina
Rights – Derechos
Buyer – Comprador
Compensation – Compensación

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I’m Gary Scott.  Over fifty years ago I started a business that has helped hundreds of thousands of subscribers learn about investing in Hong Kong (1960s and 1970s), Switzerland, London, Isle of Man (1970s and 1980s) and across Europe. My wife Merri and I took thousands on investing tours to these countries.

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Merri teaching a Super Spanish course in Florida.

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Manipulation- manipulacion, etc.”

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Here are some testimonials from the course.

Here are a few quotes from delegates of the course.

One delegate from St. Louis wrote:  Hi Gary,  Just ended forty-five years in dentistry last week, and I’m on to a new career.  What is my new career?  Still formulating, but the eye -opening,mind expanding Super-Spanish course last weekend in St. Louis surely shows me the opportunity exists to expand my horizons.

Besides having a lot of nice people to learn our new language; the methods Merri and you developed proved to be just what you said they would be.  We all and I in particular relaxed our way to new learning.  I feel so very comfortable with the basis of my new language skills that I know I will be spitting out great Spanish sentences by the time I reach Ecuador in October.  Last year I spent six weeks in Ecuador and now I plan on conversing with the people.

Today’s excerpt of your newsletter really hit home. You do what you say you will. There are no surprises or hidden sales tricks. The only tricks are beneficial to our learning.  Thank you for a wonderful experience that I was quite unable to grasp how you would pull it off.  You did, however, and I look forward to other courses that you offer, and I have absolutely no doubt they also will work beneficially.  Best regards, Denis Molloy.

Another wrote about the Super Spanish course:   Buenos Dias, here is a testimonial for Super Thinking-Super Spanish.  Please feel free to use all or part in promotions for the course.  In addition, you may give my email address to any prospect “on the fence” about enrolling.  Yesterday, in Cotacachi, Ecuador, I finished Super Spanish.  I had high expectations for the course and they were exceeded.

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“I liked how simply the course was organized and the positive attitude about learning.  Thank you so much for helping me to learn Spanish!” Nadine Taylor

The ONLINE Super Spanish course has our, full satisfaction or money back, guarantee. Try Super Spanish for 60 days.  If not fully satisfied, simply let us know for a full refund. 

The course is available at the highly reduced price of $149, but in this special offer we are knocking another $70 from the price so you can start now for only $79.  

Learn Spanish online $79 - using coupon code SPANISH70 at checkout to immediately save $70 off the regular price of $149.

Still not sure?

Take just ten minutes to let me prove to you that this super fast way to gain the basics can let you can communicate in Spanish in an incredibly short time.



Click here for FREE Super Spanish video.

The ONLINE Super Spanish course has our, full satisfaction or money back, guarantee. Try Super Spanish for 60 days.  If not fully satisfied, simply let us know for a full refund. 

The course is available at the highly reduced price of $149, but in this special offer we are knocking another $70 from the price so you can start now for only $79.  

Learn Spanish online $79 - using coupon code SPANISH70 at checkout to immediately save $70 off the regular price of $149.