Have you bought an off plan property from a developer and suddenly you find damages? Are there problems in the property such as cracks in the walls, bad finishes, etc., and you don’t know what to do? Don’t miss this small guide on the possible claims for damage in off plan properties against your developer.
First of all, we start with some tips to avoid these possible problems in the future.
Tips to avoid damage in Off Plan properties
- Research the developer thoroughly: Before committing to the purchase, research the developer’s track record and reputation. Look for reviews, testimonials from other buyers and check their track record of previous projects to assess their level of professionalism and quality of construction.
- Detailed review of the contract: Thoroughly examine the purchase contract, paying particular attention to clauses related to delivery times, construction standards and guarantees offered by the developer in case of defects. You can enlist the help of a specialised lawyer for this purpose.
- Inspection of the property: Regular inspections during the construction process can help to detect potential problems early and avoid unpleasant surprises at the time of handover of keys, as well as once the property is to be in the deeds.
Legal steps in case of defects.
- Written notification: If you identify defects in the property once it has been handed over, notify the developer in writing, detailing the problems and requesting a solution. Ideally, you should also keep a photographic record of any defects.
- Mediation and negotiation: In many cases, problems can be resolved amicably and through negotiation with the developer. Communicate your concerns and proposed solutions in a clear and documented manner before taking further action.
- Specialist lawyers: If negotiations are unsuccessful, consider seeking legal advice. A lawyer specialising in real estate law will be able to assess your case, review the terms of the contract and advise you on the legal options available and initiate a legal claim.
- Legal action: In situations where the developer refuses to fix the problems or fails to honour the agreed warranties, you may consider taking legal action to claim compensation for the defects or demand adequate repair.
We can therefore say that, although buying a property is usually an exciting and enjoyable experience, problems can arise during the process or once the property is completed, so we always advise you to leave the review of contracts to lawyers, as well as a possible future claim to know exactly what rights you have and the legal deadlines for different claims. Remember that each situation is unique, so it is essential to have personalised legal guidance.
