Our law firm was contacted by a client who two years ago purchased real estate at the design stage, before construction began. In accordance with the terms of the purchase and sale agreement, the client made full payment in several stages. Before completion of construction, the client purchased furniture and household appliances with the intention of starting to live in a new apartment. However, the developer, after completion of construction, demanded an additional payment of 60,000 euros for a 2+1 apartment, citing the need to register TAPU (real estate ownership). In case of refusal of additional payment, the developer threatened to return the previously paid amount.
The client did not agree with the developer’s requirements, as real estate prices had increased significantly during the construction period, and after the refund, he would not be able to purchase a similar apartment.
Our actions:
The client had the original sales contract and payment receipts, which confirmed the fulfillment of all obligations under the contract. Receipts for the purchase of furniture and household appliances were also presented, as well as delivery contracts, which included the address of the property.
We filed a lawsuit demanding:
1. Apply interim measures in the form of a ban on the sale of real estate specified in the purchase and sale agreement.
2. Oblige the developer to issue a TAPU in the name of the client, since all the terms of the contract were fulfilled on his part in a timely manner and in full.
The court promptly granted our request for interim measures and within two days a ban was imposed on the sale of the property, which excluded the possibility of its alienation until the end of the trial. Next, the main court proceedings were opened, and the first meeting was held, at which the court got acquainted with our demands and arguments.We indicated that at the time of filing the claim, the client could not purchase a similar property for the previously paid amount, and the funds were at the disposal of the developer during the entire construction period.
The court appointed a team of experts to assess the validity of all the facts presented.
At the third court hearing, the court ruled in our favor, obliging the developer to issue a TAPU in the client’s name, which was the original purpose of the case.
Result:
The trial lasted 7 months. Upon completion of all legal procedures, TAPU was issued in the name of the client on the basis of a power of attorney. The ban on the sale of real estate has been lifted.
Recently, cases of similar situations with unscrupulous developers who are trying to extract additional benefits at the expense of buyers have become more frequent. It should be noted that not in all situations it is possible to request registration of TAPU through the court, therefore each case must be carefully analyzed and a legal position must be built based on the specific circumstances of the case.
