Purchaser has claim to compensation for loss of use against builder at delays
> May 2015

The purchaser of a condominium is due a claim to compensation for loss of use against the seller (builder) if the builder enters default of handover of the condominium to be produced. However, the prerequisite for the purchaser's claim is that he has no equal residential place available. This was the decision of the Federal Court of Justice (Bundesgerichtshof; BGH) in February 2014. By this decision, the BGH applies the principles of tortious liability for the withdrawal of objects to contract relationships and thus has strengthened the legal position of purchasers.

The buyer now no longer needs to present his damage in detail and prove the costs he incurred from renting a replacement apartment. He can also claim damages solely from the lack of ability to use the new apartment when the "equal apartment" is, e.g., considerably smaller or has different properties than the new apartment, so that it is not "equal".

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