Dispute with the developer

To the dispute with the developer may occur at any stage of the implementation of the concluded development agreement and on the basis of its various provisions. Therefore, it is very important to draft it properly and, at the absolute minimum, to read it before signing it.

Disagreements between property buyer and developer can arise for a variety of reasons:

The developer's liability may take the form of indemnity or warranty liability.

In this connection solicitor may act on behalf of a client in matters involving:

In the event of refusal to remedy defects repairable, it is possible to demand payment of the amount needed to rectify them (i.e. make repairs) or, after having rectified the defects at one's own expense, to claim reimbursement.

In the former case, however, it is important to bear in mind the need for a cost estimate for the repair works and, in any case, to adequately complete documentation to substantiate the amount of the claim being asserted.

If the developer has not complied with the request to reduce the price due to defects that have occurred, it is possible to seek an order from the developer before a court to pay a certain amount representing the difference between the value of the defect-free item and its value calculated taking into account the existing defects.

On the other hand, in the case of justified withdrawal from the contract, it is possible to claim reimbursement of the amount as specified in the concluded contract. It is also possible to claim damages for improper performance of the contractas well as for the damage suffered as a result of the defects.

Litigation begins with the preparation of a lawsuit. At this stage, the lawyers analyse all aspects of the legitimacy of the claims asserted, including their limitation periods. On request, these can be clarified in a written legal opinion. Subsequently, clients are informed as to which procedure will be followed before the court and what obligations for the claimants this entails.

Engaging with law firm means that its representative will represent the client at every stage of the legal proceedings, including before the court of second instance in appeal proceedings. This is a great comfort and a real opportunity to tip the balance of power in your favour.