Understanding the Issue of Delay

Purchasing a property represents a significant milestone, an investment of time and resources that should culminate in the realization of a life project. When delivery is unjustifiably delayed, joy turns into worry and stress. Unexpected costs for temporary rentals, mortgages that start accruing on an asset not yet available, and general inconvenience are just some of the negative consequences. Italian law, however, offers precise tools to protect the buyer. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci assists clients in ensuring their rights are fully respected, transforming a frustrating wait into concrete and decisive legal action.

Your Rights in Case of Delayed Delivery

The relationship between buyer and builder is governed by the contract, usually a preliminary sales agreement, which establishes terms and conditions, including the delivery date. When this date is not met, a contractual breach by the seller occurs. It is crucial to carefully analyze the clauses present to understand the available courses of action.

The Penalty Clause: A Tool for Immediate Protection

Many real estate purchase agreements include a penalty clause. This is an agreement by which the parties pre-determine the amount the builder must pay for each day, week, or month of delay in delivery. This clause has the advantage of predetermining compensation for simple delay, without the buyer having to provide proof of the damage suffered. Its application is often the first and most direct tool to obtain compensation.

Further Damage: When the Penalty is Not Enough

The contractual penalty might not cover the entire economic prejudice suffered by the buyer. The law allows for the claim of so-called further damage, which refers to all additional damages that can be concretely demonstrated. This category includes, for example, expenses incurred for alternative accommodation, costs of a postponed move, loss of rental opportunities for the property, or other patrimonial and non-patrimonial damages directly linked to the builder's breach.

The Approach of Bianucci Law Firm

Facing a dispute with a construction company requires strategy and expertise. The approach of Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, is based on rigorous analysis and targeted action. The first step involves an in-depth examination of the preliminary contract and all pertinent documentation. Subsequently, a formal notice to perform is sent, urging the builder to immediately deliver the property and pay the accrued penalty. Where an out-of-court approach does not lead to a satisfactory solution, the firm assists the client in the most appropriate legal action, aimed at obtaining both the agreed penalties and compensation for all damages suffered, protecting the buyer's investment and interests at every stage of the process.

Frequently Asked Questions

What should I do as soon as I realize that delivery will be delayed?

The first step is to check the delivery date agreed upon in the preliminary contract. Subsequently, it is advisable to send a written and formal communication (a registered letter with return receipt or a PEC) to the builder, highlighting the delay and requesting clarification. Keeping a copy of all communications is essential.

Can I refuse to sign the deed of sale if the property is not completed?

Yes, if the builder's breach is serious, such as in the case of a significant delay or major defects, the buyer can legitimately refuse to sign the final deed of sale (rogito) and, in some cases, can request the termination of the contract.

Can the builder justify the delay?

The builder can only justify a delay if it is caused by unforeseeable and unavoidable events, not attributable to their fault (the so-called 'force majeure'). Organizational difficulties within the construction site or problems with suppliers, in most cases, are not considered valid justifications.

How long do I have to claim damages?

The right to compensation for damages due to contractual breach generally prescribes in ten years. However, it is always advisable to act promptly to gather the necessary evidence and effectively protect your rights.

Professional Evaluation of Your Case in Milan

A delay in the delivery of your property should not result in economic loss or an insurmountable source of stress. Knowing your rights is the first step to enforcing them. If you are experiencing this situation and wish to understand the options available to you to obtain fair compensation, you can request legal advice. Contact the law firm of Avv. Marco Bianucci for an in-depth and professional evaluation of your case in Milan.