Settlement of a claim for reimbursement of instalments paid for the purchase of a penthouse-style unit

We represented the developer of a mixed-use high-rise apartment building who was facing a claim by a promisor-buyer for reimbursement of instalments paid on the purchase price of a penthouse type unit under a preliminary contract and for payment of damages. The promisor-buyer had refused to fulfil his commitment to acquire the unit on the grounds that undue hardship had been imposed on him during the customization of the unit and that the materials and finishes of the unit were not of adequate quality. This claim was strongly contested, in particular because the terms of the contracts were clear and the promisor-buyer had been fully informed of the constraints inherent in the customization process.

Shortly before the trial, this case was settled out of court to the satisfaction of our client.