+38 (057) 731-60-92 | +38 (057) 719-18-61

Commercial Law, Real Estate And Construction

06 February / 2019

Globus successfully defended the interests of the client - a buyer of commercial real estate in a dispute with the developer.

In 2008, a contract on the purchase of premises in the newly built office center was signed between the client and the developer and a part of the premises’ cost was paid. Due to the crises of 2008 and 2014, the construction was delayed, the developer repeatedly delayed the commissioning of the office center, and in 2017, unilaterally refused to transfer the premises provided for in the contract, inviting the client to consider other premises in this office center instead.

After the unilateral refusal of the developer from the obligations undertaken, the client turned to Globus for legal assistance.

The main difficulty in returning funds was that in 2008 they were paid in national currency in the amount of 700 thousand hryvnias, which exchange rate to the US dollar has since increased by 5.

To justify the need to recalculate the funds paid in 2008 in accordance with the current hryvnia exchange rate to the US dollar, the specialists of the Globus developed a legal position, which was agreed by the First Instance and Appeal Court.

In order to destroy the client’s legal position in the case of the funds’ recovery, the developer filed two claims, the satisfaction of which he was denied.

The actual collection of funds was achieved, due to the timely arrest of the developer’s accounts in order to secure the claim. The funds, including the exchange rate increase, in the amount of almost UAH4 million, as well as legal assistance costs in the total amount of UAH50,000 were recovered in favor of the client.