Undue price increase for condominium

The buyer of a condominium sued the developer for repayment of a portion of the purchase price after a subsequent increase in the purchase price. However, the developer invoked the price adjustment clause stipulated in the agreed developer contract, according to which an increase in price was admissible in case the ultimately funded total building costs, the final calculation of the value in use or the usable areas deviate from the initially assured, or respectively, calculated values.

The Supreme Court in its decision agreed with the plaintiff based on the fact that - in order to be deemed agreed effectively - a price adjustment clause within the sense of the construction law for developers may only refer to precisely specified cost factors within the sense of this provision. However, the elements cited by the developer do not impact the building costs. Thus, they do not pose a permissible basis with respect to the sought-after price increase.

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