תוכן עניינים
By: Adv. Michael Lev
Construction Defects in a New Apartment: An Important Legal Ruling on Buyers’ Rights
When construction defects are discovered after receiving a new apartment, buyers face complex legal questions. A recent ruling from the Ramla Magistrate’s Court (case no. 42646-03-21) provides important clarity on this matter. It emphasizes the weight of a precise professional assessment and the court’s approach in lawsuits against construction companies.
What Happened in This Case
The plaintiffs purchased a 4-room apartment at 7 Moshe Tzedaka Street in Ramla under a contract signed on November 11, 2013. The apartment was delivered to them on October 8, 2015, and approximately a week and a half later they signed a handover protocol (July 21, 2016). During the inspection, several significant issues were found: deep cracks in the floor that raised concerns about the building’s structural integrity, floor tiling that was 15mm off from the bedroom’s center, and loose floor tiles.
The plaintiffs commissioned two independent damage assessments: one placed the damage at 50,450 shekels, and the second reached the significantly higher figure of 176,641 shekels. Additionally, they argued that they were forced to sell the apartment at a discount of approximately 400,000 shekels from the correct market value.
The Solution Proposed by the Court
To resolve the dispute over the amount of damages, the court chose to appoint its own expert: Eng. Simcha Feldman. This is a common approach in construction litigation, since it ensures an objective assessment for the parties. The expert examined the claims in the protocol and determined that some of the defects presented had not been substantiated in practice. For those he confirmed, he assessed the repair costs at 47,000 shekels, with the possibility of adding another 36,000 shekels if all the tiling needed replacement.
Important to emphasize: not every damage claim included in a lawsuit merits legal recognition. A professional assessment can refute part of what the plaintiff has claimed.
What the Judge Ruled
Judge Abigail Pria accepted the expert’s conclusions. She established an important legal principle: an expert opinion that the court itself has appointed is entitled to significant weight, unless there are very serious reasons to reject it. Accordingly, she awarded compensation totaling 83,000 shekels (47,000 shekels for repairs and 36,000 shekels for tile replacement).
Notably, the court rejected the plaintiffs’ claim for compensation for an alternative apartment. The reasoning: since they had sold the apartment and did not intend to repair it themselves, it was not appropriate to hold the construction company liable for the costs of an apartment that was never actually repaired. This decision articulates an important legal principle: compensation must be immediate and reflect damage that actually occurred in practice.
The Legal Significance of the Decision
The ruling highlights a critical principle: the provisions of the Sale Law (Apartments) are binding. This means that a construction company cannot escape its liability even if it attempts to alter or limit the conditions in the sales contract. This is a fundamental legal protection that the Knesset granted to buyers.
In our work with clients, we see this ruling reflecting an approach we always advocate: meticulous examination of the defects and professional documentation of the deficiencies are the foundation for success in a lawsuit.
Important Tips for Every Apartment Buyer
From this case, several practical lessons can be learned. First, contact an independent inspector recommended for performing a handover inspection, not just the inspection carried out by the construction company itself. Second, document all defects in writing and photographs, and retain all documents. Third, if you have doubts, commission an expert to ensure you are protected before signing the protocol.
Worth remembering: legal compensation is based on actual, real damage, not on estimates or what could have been done.
Frequently Asked Questions
Can I still file a claim if I have already sold the apartment?
Yes, as our case demonstrates. However, the court may limit compensation to the costs of repair alone and not include other expenses that did not actually occur, such as temporary rental costs.
What is the difference between a private expert and a court-appointed expert?
A court-appointed expert is regarded as impartial and therefore their opinion carries greater legal weight. A private expert appointed by one side may be considered less credible.
Can the provisions of the Sale Law be altered in the contract?
No. The Sale Law (Apartments) cannot be altered by contract. This is one of the ways the law protects buyers against pressure from construction companies to waive their rights.
How is compensation determined?
In general, this is based on a professional assessment of the full repair costs. The court will examine all the evidence and determine what it considers the actual damage. This does not always match the plaintiff’s claim.
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