Seller's Breach and Real Estate Buyer's Protection
The purchase of a property often represents the most significant investment in a person's or family's life, especially in a dynamic and complex market like Milan's. However, initial enthusiasm can turn into frustration when the seller, who contractually committed to carrying out renovation works before delivery, fails to honor their word. This situation is not just a practical inconvenience; it constitutes a genuine contractual breach that entitles the buyer to take action to protect their rights. As an expert lawyer in damages compensation and real estate law, I deeply understand the economic and personal implications of possessing a property that does not conform to what was agreed upon, often forcing new owners to incur unforeseen expenses or postpone their move into their new home.
From a regulatory standpoint, the Italian Civil Code offers precise tools to protect the buyer in these circumstances. The seller's obligation to renovate, whether they are a private individual or a construction company, falls under the obligations accessory to the sales contract or the preliminary contract (the so-called "compromesso"). If these works are not performed, or are carried out improperly, contrary to professional standards or the agreed specifications, a violation of Article 1218 of the Civil Code occurs. The law stipulates that the debtor who does not perform the due service exactly is liable for damages. This can translate into a request for specific performance of the works, a reduction in the purchase price (actio quanti minoris), or, more frequently, payment of a sum of money necessary to cover the costs the buyer will incur to complete or correct the works, in addition to compensation for any further damages such as the loss of use of the property.
Studio Legale Bianucci's Approach to Real Estate Disputes
Addressing a real estate dispute requires a strategy that goes beyond mere theoretical knowledge of the law, demanding a pragmatic, results-oriented approach. Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, analyzes each case starting with a meticulous examination of the contractual documentation. It is crucial to verify how the renovation clause was formulated: whether it was generic or detailed, whether it included essential delivery deadlines, and whether specific penalties were stipulated. Often, the vagueness of preliminary agreements is the first obstacle to overcome, and it is here that the firm's experience allows for the reconstruction of the parties' intent through all available means of proof, including written communications and attached specifications.
Studio Legale Bianucci's strategy focuses on precisely quantifying the damage suffered by the client. We do not limit ourselves to requesting the mere cost of the unperformed works; we assess the overall impact of the breach. This includes costs for renting alternative accommodation during the delay, storage expenses for furniture, and the existential distress arising from the situation. When necessary, we collaborate with trusted technical experts to prepare irrefutable estimates of restoration costs, which are essential both in out-of-court negotiations and in any potential litigation. Avv. Marco Bianucci's primary objective is to obtain fair compensation for the client in the shortest possible time, favoring solid settlement agreements that avoid, where possible, the lengthy process of ordinary litigation, but remaining ready to defend the client's rights in court with the utmost determination.
Frequently Asked Questions
What happens if the renovation agreement was only verbal?
Proving the existence of a verbal agreement is legally more complex than a written pact, but not impossible. In civil law, evidence can also be provided through witnesses or presumptions, although real estate sales contracts require written form. However, if the commitment to renovate is considered an accessory obligation distinct from the transfer of ownership, email exchanges, messages, or signed quotes could be used to prove the existence of the agreement. An expert lawyer in damages compensation will assess the strength of these evidentiary elements before proceeding.
Can I refuse to sign the deed if the works are not finished?
This is a delicate decision that must be carefully considered. In principle, the exception of non-performance allows one not to fulfill their obligation (payment of the price and signing the final deed) if the other party does not fulfill theirs. However, the seller's breach must be of not minor importance. If only minor finishing touches are missing, refusing to sign the deed could expose the buyer to claims in turn. Often, the best solution, suggested by Avv. Marco Bianucci, is to proceed with the deed by retaining a sum as a guarantee with the notary until the works are completed.
What types of damages can I claim besides the cost of the works?
In addition to direct damages (damnum emergens), i.e., the direct cost of having the works carried out by another company, lost profits (lucrum cessans) and incidental damages can be claimed. These may include expenses for temporary accommodation if the house is uninhabitable, costs for furniture storage, interest on mortgages taken out without being able to use the property, and, in some cases, non-pecuniary damages if the breach has infringed inviolable personal rights or caused significant, documentable psychophysical stress. The quantification must be rigorous and well-documented.
Within what timeframe must I act to claim compensation?
The statute of limitations varies depending on the legal nature of the action taken. For ordinary contractual breach claims, the statute of limitations is ten years. However, if it concerns defects in the work within the scope of a contract for works or specific sales warranties, the time limits for reporting defects (forfeiture) and for legal action (prescription) can be much shorter, sometimes only 60 days from discovery or two years from delivery. It is crucial to consult an experienced real estate lawyer promptly to avoid losing the right to compensation.
Request an Assessment of Your Case in Milan
If you have purchased a property and find yourself having to manage the consequences of a promised renovation not carried out by the seller, do not let time pass to your disadvantage. Every contractual detail and every day that passes can be decisive for the outcome of your compensation claim. Avv. Marco Bianucci is available to analyze your documentation and define the most effective strategy to protect your investment.
Contact Studio Legale Bianucci to schedule an appointment at our Milan office located at Via Alberto da Giussano, 26. Together, we will assess the extent of the damage and the best legal options to obtain what you are owed.