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Construction

Construction defects

The Sale (Apartments) Law, 1973 – Key Legal Provisions

The Sale (Apartments) Law, 1973 - This law regulates the liability of contractors and sellers of new apartments toward buyers. It establishes a system of obligations to ensure that the sold apartment is constructed and delivered according to the sale agreement, architectural plans, and applicable construction standards.
The law stipulates that the seller must:
•    Build the apartment in accordance with the agreement and construction standards.
•    Provide the buyer with full information regarding the apartment and its rights,
•    Deliver the apartment on the date specified in the agreement.
An apartment buyer — including a secondary buyer — may file a claim under the law for construction defects, nonconformity, use of faulty materials, or delayed delivery.

Statutory Warranty Periods
1.     Inspection Period
A period of one to seven years from the date of delivery, depending on the type of defect. During this time, there is a legal presumption that the defect is the seller’s responsibility, who is obligated to fix it.
Examples:
•    Aluminum/carpentry defects – 2 years
•    Flooring or tiling issues – 2 years
•    Plumbing, drainage, and sewage problems – 4 years
•    Significant cracks – 5 years
•    Exterior cladding – 7 years
2.    Liability Period
An additional three years, starting at the end of the inspection period. During this time, the burden shifts to the buyer, who must prove that the defect was caused by the contractor’s negligence or use of faulty materials.
3.    Severe Structural Defects
For fundamental issues that affect the stability or safety of the building (such as structural failure), there is unlimited liability. The seller remains liable even beyond the statutory periods.
Legal Remedies for Buyers
A buyer encountering defects in the apartment is entitled to demand their repair within a reasonable time, or alternatively, claim monetary compensation. If the delivery is delayed by more than 60 days, the buyer is entitled to monthly compensation for the delay.
Who Can Be Sued?
Under the law, the defendants are the apartment sellers — particularly contractors, developers, or construction companies — who marketed the apartment and were responsible for its construction and delivery.

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Legal Support Makes a Difference
Proper legal representation can mean the difference between frustration and meaningful relief.
Our firm specializes in representing apartment buyers in cases of construction defects, delivery delays, and breaches of sale agreements.

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