However, sometimes, instead of receiving the keys to a new home, the buyer faces something entirely different: construction delays, problems with the developer, unclear contractual terms, or the need to protect their rights in court. This raises very practical questions: how should a developer be checked, which documents should be reviewed before purchasing property, can the invested funds be recovered, and what can be done if the building is never completed?
These were precisely the situations, the legal risks associated with real estate investment, and the role of a lawyer in preventing and resolving them that we discussed on 30 October 2026 at the XVI International Scientific and Practical Conference “The Legal Profession: Past, Present and Future”.
As part of the event, representatives of Juris Ferrum Law Firm, Nadiia and Ganna Gnizdovska, took part in the master classes organised by the Construction Law Committee of the Odesa Regional Bar Council and delivered a joint presentation entitled “From Apartment Purchase to Court Proceedings: The Role of a Real Estate Lawyer.”
Two members of our team participated in the conference:
🔹 Nadiia Gnizdovska — attorney, Partner at Juris Ferrum Law Firm, Chair of the Construction Law Committee of the Odesa Regional Bar Council, member of the Construction Law Committee of the Ukrainian National Bar Association, and property inventory specialist.
🔹 Ganna Gnizdovska — attorney, PhD in Law, Managing Partner of Juris Ferrum Law Firm, and Secretary of the Construction Law Committee of the Odesa Regional Bar Council.
During the presentation, we discussed the issues handled by a real estate and construction lawyer, why legal assistance is important even before an agreement is signed, and how the lawyer’s role changes when an ordinary transaction turns into a court dispute.
What Did We Discuss During the Presentation?
🏠 Purchasing Real Estate: What Should Be Checked?
Purchasing an apartment or a house involves more than simply reviewing the seller’s documents and signing an agreement. It is important to establish the legal basis on which title was acquired, whether the property is subject to any attachments, mortgages, or other encumbrances, whether it is the subject of pending litigation, and whether any third parties have rights to the property.
Particular attention was also paid to the terms of the sale and purchase agreement: the payment arrangements, the timeframe for transferring the property, the parties’ liability, and the potential consequences of breaching the agreed terms. After all, even a duly registered title does not necessarily mean that there are no legal risks.
🏗️ Developer Due Diligence and Investment in a New Development.
Investing in an apartment that is still under construction requires particularly careful scrutiny of the documentation. A prospective investor should verify the rights to the land plot, its designated use, construction permits and authorisations, the developer’s track record of completed projects, any pending litigation, and the developer’s financial standing.
It is equally important to analyse the agreement itself: what specific property the investor is entitled to receive, when the developer is required to complete construction, whether the price of the apartment may be changed, and what consequences apply if the deadlines are not met.
Particular emphasis was placed on the fact that investing in future real estate and purchasing an already registered property right are legally distinct situations. The rights acquired by the investor and the means available to protect those rights depend on the investment structure chosen and the terms of the agreement.
⚖️ Protecting Investors’ Rights: What Can Be Done If Construction Comes to a Standstill?
One of the most difficult situations arises when the buyer has already paid the agreed amount, the contractual deadlines have passed, but the building remains unfinished. In such circumstances, it is necessary to determine the reasons for the delay, verify the actual and legal status of the construction project, and analyse the developer’s contractual obligations.
Depending on the circumstances, possible remedies may include negotiations with the developer, seeking performance of the agreement, terminating the agreement, recovering the funds paid, or bringing the matter before a court. However, there is no universal solution for every investor: the appropriate legal strategy depends on the terms of the agreement, the available evidence, and the developer’s actual financial and legal position.
We discuss such situations in greater detail on our “Disputes with Developers and Investor Protection” page.
Why Does Winning a Court Case Not Necessarily Mean Recovering Your Money?
During the presentation, we also focused on an issue that investors often overlook: the practical enforceability of a future court judgment.
Even if a court grants a claim for recovery of funds, this does not guarantee that the money will actually be recovered. If the developer has insufficient assets, is experiencing serious financial difficulties, or is subject to bankruptcy proceedings, enforcement of the judgment may prove problematic.
That is why, even before bringing a claim, it is important to assess not only its legal merits but also the debtor’s financial position, the availability of assets, and the prospects for compulsory enforcement of a future judgment. Sometimes, choosing the right remedy is no less important than winning the case itself.
We have also addressed practical aspects of investor protection in our article “Protecting Investors’ Rights After a Building Is Commissioned”, which examines issues relating to the registration and protection of rights to purchased real estate.
Practical Experience and Knowledge Sharing
For the team at Juris Ferrum Law Firm, real estate and construction is one of our key areas of legal practice. We provide legal support for transactions, review developers’ documentation, and represent property owners and investors in court disputes.
This experience allows us to approach the protection of clients’ rights not only from the perspective of legislation but also through the real-life situations they encounter. These were precisely the practical insights we sought to share during the conference.
You can read more about the legal risks associated with purchasing real estate and land in our article “Protecting Business Real Estate and Land: What to Consider Before and After Acquisition”.
We thank the organisers of the XVI International Scientific and Practical Conference and our colleagues from the Construction Law Committee of the Odesa Regional Bar Council for the opportunity to share our experience and contribute to the professional discussion! 💙