Situation:
The client contacted us after selling her apartment, as the new owners were demanding a substantial amount in the form of a discount on the purchase price, claiming that the apartment had a hidden defect – an improperly constructed internal sewage system.
Client’s Request:
The client wanted to assess the legitimacy of the opposing party’s claim and, if necessary, reach a reasonable compromise in order to avoid paying an amount she considered disproportionate.
Our Solution:
We determined that the buyers had failed to follow the legally prescribed complaint procedure, which significantly reduced their chances of success in potential court proceedings. Nevertheless, we proceeded with caution, actively communicated with the opposing party, and sought to achieve the compromise solution desired by our client. As part of the amicable resolution, we agreed to commission an expert opinion, which confirmed that a reasonable discount on the purchase price could, considering the cost of remedying the defect, indeed amount to several hundred thousand CZK.
Result:
Nevertheless, we managed to convince the opposing legal counsel that the buyers’ failure to follow the complaint procedure (they waited several weeks before raising the issue) could lead to their potential lawsuit being dismissed. As a result, we achieved a settlement agreement that resolved the matter for the client through payment of only a fraction of the originally demanded discount. The client considered this the most morally appropriate solution, as her intention was never to cause harm, and she had been unaware of the hidden sewage defect, which had never manifested during her use of the apartment.