Effective representation of the developer in a dispute with the property buyer

RKKW Law Firm successfully represented a property developer in a court dispute with a property buyer.

The buyer brought an action against the developer based on the provisions of the Civil Code concerning liability under warranty. The buyer claimed that the property sold had a significant defect, consisting in the lack of perimeter drainage around the building’s foundations, intended to provide waterproofing.

RKKW experts presented legal arguments proving that the lack of perimeter drainage, in light of acceptable alternative design solutions to protect the building, did not constitute a significant defect in the building, and furthermore, the claimant had not proven that the lack of drainage reduced the market value of the property sold. The expert opinion issued in the course of the proceedings supplemented the legal arguments of the developer’s representatives in technical terms.

As a result, the court of first instance issued a ruling in favour of the developer, dismissing the property buyer’s claim in its entirety. The court of appeal upheld the ruling of the court of first instance.

The judgment is final.

The client was represented in the dispute by:

Witold Sławiński, LL.M. – Partner, Attorney

Adriana Gostępska – Counsel, Attorney