- within Real Estate and Construction, Family and Matrimonial and Immigration topic(s)
In a landmark real estate case in Egypt, the court ordered Palm Hills Middle East to pay substantial compensation to a buyer after finding that the company had breached its contractual obligations and sold the contracted unit to another purchaser, reflecting the Egyptian judiciary's approach to protecting buyers' contractual rights in property developments.
The facts of the case date back to a contract concluded by a client to purchase a residential unit in a tourist project located on the North Coast and developed by Palm Hills Middle East. Under the sale agreement, the company undertook to deliver the unit on a specified date. However, the company failed to fulfill this fundamental obligation, which resulted in a legal dispute between the parties.
During the proceedings, the developer argued that the purchaser had failed to pay the instalments due on the agreed dates and therefore requested the termination of the sale agreement on that basis. The court, however, rejected this argument, confirming in its reasoning that the buyer's refusal to pay the instalments in such circumstances constitutes a legitimate exercise of what is legally known as the right of retention (right to withhold performance).
The court explained that the buyer is entitled to refrain from paying instalments so long as the seller has not fulfilled its corresponding obligation to deliver the unit on the agreed date. This principle is well established in civil law and is based on maintaining balance between the contractual obligations of both parties.
The case documents also revealed that the company not only failed to deliver the unit but went further and sold the same unit that was the subject of the contract to another buyer, which the court considered a serious contractual breach and a clear violation of the principle of good faith in the performance of contractual obligations.
In light of these circumstances, the court concluded that Palm Hills Middle East must compensate the buyer in the amount of EGP 10 million for the damages he suffered as a result of the company's failure to perform its contractual obligations and its failure to deliver the unit on the agreed date.
Commenting on the ruling, Maher Milad Iskander, the buyer's attorney, stated that the judgment represents an important affirmation of the Egyptian judiciary's commitment to protecting the rights of purchasers in real estate projects. He noted that the court applied well-established legal principles confirming that a party who breaches its contractual obligations cannot rely on the alleged breach of the other party.
He further added that the ruling sends a clear message to the real estate development market that compliance with contractual commitments and respect for buyers' rights is not optional but a legal obligation, the breach of which entails liability and significant compensation.
This judgment is considered one of the important rulings that reaffirm that the Egyptian judiciary firmly supports the protection of contractual stability in real estate transactions and represents a significant precedent that enhances the confidence of investors and purchasers in resorting to the courts to protect their rights.
Conclusion
This judgment once again confirms that the Egyptian judiciary places the protection of contractual rights at the forefront of its priorities, particularly in the real estate development sector, which has witnessed significant expansion in recent years. The ruling also sends a clear message to real estate companies that strict compliance with contractual terms and respect for buyers' rights are essential, as any breach of such obligations may result in legal liability and substantial compensation. Moreover, this decision reinforces the confidence of market participants in the real estate sector by affirming that the judiciary remains a genuine safeguard for protecting their rights and addressing any violations that may occur in the performance of contractual obligations.
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