Peritaje Judicial por Obra Inconclusa en Promoción de Viviendas de Lujo

🏗️ Case Study: Judicial Expert Appraisal for Unfinished Work in Luxury Housing Developments

⚖️ Case Status

A group of buyers purchased luxury homes on a early promotion (off-plan) in an exclusive residential area of Castellón. The contract stipulated a delivery date of completed construction, with all finishes complete and ready for occupancy. However, after the stipulated deadline, the developers not only failed to hand over the keys, but also left the dwellings in a state of disrepair. unfinished, without functional facilities and with exposed structures.

Those affected decided to lodge a class action against the developerThey were demanding the return of the sums paid and damages for breach of contract. To support their claim, they needed a legally valid technical expert report to evaluate:

The actual state of the works.
Whether the contract was fulfilled.
And the real value of the property in its current situation.

Object of the Judicial Expertise

The objective of the expert report was threefold:

Assess the degree of execution of the works and whether they corresponded to the original approved project.
Determine whether there was a breach of contract by the developer.
Carry out a realistic appraisal of the value of the homes in their current state, in order to calculate the economic damage to the buyers.

🧪 Applied Methodology

Our team of legal experts followed these steps:

Documentary compilation:

Signed sales contracts.
Original architectural project and building permit.
Photographs of the current state of the dwellings.
Municipal town planning documentation.

On-site inspection:

Evaluation of the physical progress of the works.
Check for absence of electrical, sanitary and air-conditioning installations.
Analysis of general structure and foundations.
Identification of pathological risks due to prolonged exposure.

Contractual comparison:

What was contractually promised was contrasted with what was actually executed.
It was identified that the dwellings were located in a work at an advanced stage, but unfinishedwithout guarantees or minimum conditions of habitability.

Judicial appraisal:

An economic valuation was carried out according to the actual condition of the dwellings.
This was compared to the price paid by the purchasers in order to determine the economic injury.

Drafting of the expert report:

It included explanatory graphs, photographs, comparative plans and detailed economic tables.

📄 Results of the Expert Report

The report concluded that:

The dwellings were not completed and not fit for occupation.
There were clear breaches by the promoter with respect to the signed contract.
The delivery deadline was not respected and the justified delay was not officially notified.
The real value of the dwellings in their current condition was a 60% lower to that paid by the purchasers.

Thanks to the report submitted as evidence in the civil lawsuit, the affected parties obtained a favourable judgementThe breach of contract was acknowledged and an order was issued for the repayment of sums paid plus interest for late payment.

Value of the Expert Report

This case shows how a A well-founded expert report can be decisive in complex legal proceedings.. Our work as real estate and construction surveyors is not only technical, but strategic to support claims and protect citizens' rights against negligent developers.

👇 Are you involved in a home purchase on a development that was not fulfilled?

If you have invested in a property at the project stage and now you cannot enjoy it due to the developer's default, we can help you obtain a expert report valid in court.
📩 Contact us today and request information without obligation about our services of expertise real estate and construction.