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Victory in Claim for Damages Against Seller Evading Liability for Construction Defects

26-09-16 23

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1. Case Overview
After a long period of hard work, the client finally achieved the dream of homeownership. However, shortly after moving in, heavy rainfall caused the drains to back up and the retaining walls and stairs to subside. Shocked, the client inspected the property and discovered widespread traces of faulty construction, including exterior floor cracks and damage. The client strongly demanded defect repairs from the seller. However, the seller maintained an audacious attitude, claiming, "According to the special clause in the initial contract, I am only responsible for 'major defects' for one year, so I have no liability to compensate." Frustrated and feeling wronged, the client sought help from Law Firm Theo.
 

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2. Attorney Assistance The core of this case was overturning the unfavorable special clause presented by the seller and objectively proving the construction defects.
  • Neutralizing the opposing party's exemption claim through meticulous document analysis:
    The seller attempted to slyly evade liability using a specific special clause in the contract as a shield. However, Law Firm Theo's real estate team persistently analyzed numerous contract-related documents and the execution process, discovering fatal contradictions in the opposing party's claims. Through Theo's flawless legal structuring, we clearly established that the seller could not hide behind the special clause and strongly argued to the court that the seller must bear legitimate liability for defect warranty according to the law.
  • Identifying the hidden causes of defects and scientific proof:
    Rather than simply appealing to visible damage, we thoroughly investigated the fundamental causes that inevitably led to the defects. Based on specialized know-how in real estate construction disputes, we strategically guided the court appraisal procedure, objectively and scientifically proving the existence of structural flaws and faulty construction. Through meticulous evidence collection and sharp advocacy, Theo's legal team perfectly persuaded the court.

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3. Result of Assistance
The court fully recognized the meticulous legal analysis and objective evidentiary materials presented by Law Firm Theo's legal team. The seller's unreasonable claims attempting to evade responsibility under the pretext of the special clause were thoroughly rejected in the face of Theo's ironclad defense. Consequently, the court clearly acknowledged the seller's liability for building defects and issued a ruling in favor of the plaintiff, ordering the payment of damages necessary for defect repairs along with delay interest. The client, who was on the verge of unfairly bearing enormous repair costs, received rightful compensation and regained a peaceful daily life thanks to the persistent and professional assistance of Law Firm Theo's dedicated team.


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