You buy an apartment in an unfinished building, pay a prepayment and the developer says completion will take seven months. After seven months the reason is builders, then suppliers, then permits, and the deadline slips again. That is how this case began. Below is what we did and when it is time to stop waiting.

The situation

The client bought an apartment in a building that was not yet finished and prepaid €26,500. The developer promised completion within seven months. After seven months the building was not ready. The developer extended the deadline, then again and again, blaming third parties: builders, suppliers, permits. Meanwhile the money was already in the developer's hands.

The turning point: the question changes

By the time the client came to us, they were no longer asking when the building would be finished but how to get their money back. That is a typical moment in these disputes: while a buyer waits, the developer uses every extra week to its own advantage. We took the process over: we reviewed the contract, explained the client's rights and decided when waiting had to stop.

What we did

We started court proceedings on time and did not wait for the situation to become more complicated. Precise, quick steps meant the case lasted a few months rather than a year or a year and a half.

The outcome

• the client recovered the full prepayment: €26,500;
• plus a €20,000 contractual penalty for breach of obligation;
• the process took a few months.

What to do if a developer keeps delaying your apartment

Every situation depends on the contract, but the steps are usually the same:

1. Check the completion deadline in the contract and what was agreed for delay.
2. See whether the contract includes a contractual penalty and how large it is.
3. Find out whether you have the right to withdraw and claim the prepayment back, and on what conditions.
4. Write to the developer in writing and keep all correspondence.
5. Do not sign a new deadline or side agreement until you know what it does to your rights.
6. Decide with a lawyer when waiting must stop.

What is a contractual penalty and why does it matter?

A contractual penalty is a sum agreed in advance in the contract that a debtor must pay on breach of an obligation, for example a missed deadline. In a developer contract it can be the buyer's strongest lever because the buyer does not have to prove the exact amount of loss. So it is worth checking whether the penalty exists, when it arises and whether it still applies if the buyer agreed to an extension.

Why waiting gets expensive

Each new deadline feels like a small concession, but together they narrow your options: time passes, the developer's financial situation may change and the time limits for exercising your rights do not wait. In recovering a prepayment, how quickly and precisely you act matters.

Lessons

• Do not wait indefinitely: the sooner your rights are clear, the more options you have.
• Check the deadline, prepayment, penalty and withdrawal right before you sign the contract.
• Keep all correspondence with the developer.
• See a lawyer before you accept a new deadline.

This case is anonymised. Every situation is different; the result depends on the contract and the circumstances. This is not legal advice.

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