What Rights Does a Buyer Have When Home Delivery Is Delayed?
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
YOU ARE WAITING FOR YOUR HOUSE BUT THE DELIVERY DATE HAS PASSED! WHAT ARE YOUR RIGHTS?
Attorney at Law Gizem Gonce explained: The legal consequences of delay in construction and immovable property sales contracts.
A person who purchases a residential unit not receiving delivery of the home on the agreed date may give rise to both economic and legal issues. In the event of a delay in delivery, the purchaser's rights are determined according to the type and provisions of the contract concluded.
What can be done if the contractor does not deliver the house on the date specified in the contract?
Attorney at Law Gizem Gonce:
First and foremost, the content of the contract, the delivery date, the provisions regarding delay, and the obligations undertaken by the contractor must be examined.
Depending on the nature of the delay and the contract, demanding performance, claiming damages arising from the delay if the conditions are met, or legal remedies directed at terminating or rescinding the contract may come onto the agenda.
However, not every delay automatically generates a right to rescind the contract. The legal nature of the contract and the relevant legislation must be taken into account.
Can the purchaser request a refund of the money paid due to delivery delay?
This depends on the type of contract, the obligations of the parties, and whether the conditions for legally terminating or rescinding the contract have materialized.
Particularly in immovable sales, the formal requirements of the contract and the transactions performed by the parties are important. Therefore, a legal assessment of the contract must be carried out before taking any steps.
In construction and residential sales, the contractual provisions and delivery dates must be examined with care.