The developer is late handing over the property: what can you do?
You have several options: you may seek repayment of the advance, sometimes together with contractual penalties or damages, or you may pursue the promised property itself. The right route depends on the terms of the pre-contract, any addenda you have signed and the developer’s position — and some time limits are short.
An example of the buyer’s risk
Suppose you want to buy a property in a residential development: an apartment in a new block, a detached house or a home forming part of a duplex. The advertised price is EUR 115,000. The developer offers you a price of EUR 100,000 if you pay EUR 85,000 before construction is completed. You sign a bilateral promise to sell and purchase, receive a construction schedule and wait.
On the agreed date, the property is unfinished. Explanations follow concerning permits, bank loans, contractors or rising material costs. The developer proposes a contractual addendum extending the deadline by six months. Then another.
Meanwhile, you have paid most of the price, but have not acquired ownership, cannot use the property and do not know whether you will receive the promised property or your money back.
What rights do you have? Is a notarised pre-contract sufficient to instruct an enforcement officer? The answers depend on your documents and should be clarified before signing another extension or starting proceedings.
A pre-contract does not make you the owner, even if you have paid 85% of the price
The pre-contract, also called a bilateral promise to sell and purchase, obliges the parties to conclude the sale contract later. It does not, in itself, transfer ownership of the property, however much of the price you have paid.
Nor does notarial authentication guarantee completion of construction, the developer’s solvency or automatic recovery of your money. The greater the share of the price you pay for an unfinished property, the greater the risk.
My pre-contract is authenticated by a notary. Can I go straight to an enforcement officer for repayment?
This is a common misunderstanding in practice:
“I paid EUR 80,000, the deadline has expired and the pre-contract says it is an enforceable instrument. Why can’t the enforcement officer recover my money?”
The answer: notarial authentication and the wording “enforceable instrument” do not automatically permit compulsory enforcement to recover an advance payment.
Direct enforcement is possible only in certain situations, which depend on the actual content of the deed rather than the notary’s standard wording.
If you commence enforcement without a suitable instrument, the developer may lodge an objection to enforcement. The proceedings may be set aside, leaving you with lost time and additional costs. The deed should therefore be reviewed by a lawyer before an enforcement officer is instructed.
Legal assistance with enforcement proceedingsThe developer delays handover and requests addenda. Must you sign?
No. An addendum amends the existing pre-contract by agreement between the parties. A mere request from the developer cannot oblige you to accept a new deadline.
Be careful what you sign, however: a seemingly routine addendum may contain waivers or changes affecting your right to recover your money. It should be reviewed before signing, not afterwards.
Does a lack of bank financing constitute force majeure?
Not automatically. Refusal of financing, rising material prices or subcontractor delays do not, by themselves, release the developer from liability.
The Nordis Law in 2026: what protection does it provide?
The Nordis case showed how risky a very large advance paid before a property is built can be. Against this background, Law No. 207/2025, commonly known as the “Nordis Law”, introduced new rules for the sale of future homes. It was published on 8 December 2025, and some of its rules have applied since 8 March 2026.
Three points many buyers misunderstand:
- The 5% cap concerns reservation agreements, not every advance paid under a pre-contract.
- The separate bank account into which advances are paid is not a guarantee that you will get your money back.
- The new rules do not automatically apply to pre-contracts signed before they came into force.
What the Nordis Law means for your contract depends on when it was signed, the type of property and the agreed terms.
How can you seek repayment if the developer does not build?
Depending on the circumstances, you may seek termination of the pre-contract and repayment of the advance, and sometimes contractual penalties or damages for proven loss.
However, not every delay justifies termination, and a defective notice may undermine your claim. In certain situations, measures freezing the developer’s assets until the case is decided may also be sought.
A favourable judgment does not automatically mean money recovered: if the developer has no assets left, enforcement may be difficult. That is why what you do, and when, matters.
Civil law advice and litigation in IașiIf you want the property rather than repayment: a judgment taking the place of the contract
If the developer unjustifiably refuses to conclude the final contract, you may, subject to certain conditions, ask the court for a judgment taking the place of the sale contract.
Watch the deadline: the action must be brought within six months of the date on which the final contract should have been concluded. Once that period has expired, this remedy may be lost.
What happens if the developer enters insolvency proceedings?
Insolvency significantly changes the buyer’s options. Neither the pre-contract nor evidence of payment guarantees handover of the property or full repayment of the advance.
Insolvency proceedings involve strict deadlines, and certain forms of security can make the difference between recovering part of your money and losing it — but only if they are relied on in time. The Nordis Law does not automatically give every buyer preferential creditor status.
If the development has stalled or the developer is in financial difficulty, do not wait for insolvency proceedings to open before seeking advice.
Which pre-contract terms should raise concerns?
Some pre-contracts are drafted solely by the developer and presented as standard forms. Particular attention should be paid to terms under which:
- the developer may unilaterally postpone handover without clear limits;
- the buyer forfeits the advance for non-performance, while the developer faces no comparable consequences;
- repayment depends on vague conditions or conditions that are difficult to satisfy;
Some terms may even be unfair under Romanian consumer law, but that can be determined only by reviewing the specific contract.
What should you check before paying an advance?
Before transferring a substantial amount for an off-plan property, whether an apartment, house or duplex, it is worth checking the land, the building permit, the developer’s position and, above all, the terms setting out when and how your money is repaid.
Reviewing the pre-contract before signing is usually far simpler and cheaper than litigation to recover an advance. An attractive price does not make up for a contract that leaves you without effective remedies.
Already signed and facing delays? Practical steps
1. Gather the documents. The pre-contract, addenda, payment records and correspondence with the developer.
2. Do not automatically sign another extension. Any addendum should be reviewed before signing.
3. Obtain legal advice before serving notice or instructing an enforcement officer. The order of steps and the time limits may decide the outcome.
Consult a lawyer before agreeing to another postponement
Buying a residential property off plan, whether an apartment, house or duplex, may be an opportunity, but a large advance also entails substantial risk if adequate security is absent.
Signing the pre-contract before a notary does not make you the owner or guarantee recovery through an enforcement officer. The Nordis Law introduced additional rules, but does not ensure completion of every development or automatic repayment of advances.
If the developer repeatedly delays, proposes addenda or refuses repayment, early legal review may prevent the loss of rights and help identify the appropriate remedy.
Lawyer in Iași: reviewing pre-contracts and recovering property advances
Andreea Chelaru, a lawyer and member of the Iași Bar since 2008, provides civil law assistance, including review of pre-contracts, contractual non-performance and debt recovery.
Have you paid an advance for a property that has not been handed over? Book a consultation to review the pre-contract, addenda and available legal options.
Updated on 15 October 2026. This article provides general information on Romanian law. The appropriate solution depends on the documents, their execution dates and the circumstances of the case. It does not replace individual legal advice.
Request a pre-contract reviewLegislative and documentary sources
Frequently asked questions
Any other questions?I have paid 90% of the price. Am I the owner?
No. The pre-contract and payment of the advance do not, by themselves, transfer ownership of the property.
The pre-contract says “enforceable instrument”. Can an enforcement officer recover the advance directly?
Not automatically. Direct enforcement is possible only under certain conditions; in many cases, court proceedings are needed first.
Is the developer released from liability if the bank stops financing the project?
Not automatically. Financing difficulties do not, by themselves, constitute force majeure.
Must I sign another addendum?
No. Extending the deadline requires the parties’ agreement and should be reviewed before signing.
Does the Nordis Law prohibit advances exceeding 5%?
No. The 5% limit applies to reservation agreements covered by the law, not to every advance paid under promises to sell.
How long do I have to ask the court to grant me the promised property?
For an action seeking a judgment taking the place of the contract, the time limit is six months from the date on which the contract should have been concluded. Other actions may be subject to different time limits.
Will I recover all my money if the developer enters insolvency?
There is no general guarantee. The outcome depends on the contract, the developer’s assets, any security interests and the insolvency proceedings.
