KOBI BELLחברת עורכי דיןLAW FIRM

Late Delivery Blamed on the War? The Developer Must Prove It

The Sale (Apartments) Law lets a developer claim circumstances beyond its control, but the developer has to prove them.

Apartment Buyers

Many developers attribute late apartment deliveries to the war and the labor shortage. The Sale (Apartments) Law, 5733-1973 allows a developer to argue that the delay was caused by circumstances beyond its control that it could not have prevented, but the burden of proof rests on the developer.

The courts examine whether the developer actually proved how the circumstances delayed its project, and a general claim is not enough. When the developer does not prove it, buyers are entitled to compensation under the law: a monthly amount based on the rent for a comparable apartment, in tiers that depend on when the contract was signed.

What this means for you: do not give up the compensation in advance. Ask the developer for a detailed explanation in writing, and send the contract and the correspondence for review.

Source: Sale (Apartments) Law, 5733-1973

First published in Hebrew. Read the Hebrew original

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