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The developer wants an extra payment: can the agreed apartment price change?

An extra payment for an off-plan apartment in Bulgaria: check the price clause, indexation calculation and proposed amendment before agreeing.

Kalchev Law FirmA law firm publication
2 min readPublished: Legal review pending

The essentials

  • A requested increase is not automatically payable.
  • Check the applicable price-adjustment clause and calculation.
  • An amendment may change more than the price.

You agreed a purchase price, but a letter now says material costs have increased and you must pay more. The immediate task is not to choose between paying at once and abandoning the apartment. Request the contractual and legal basis for the demand, together with its calculation.

Article 20a of the Obligations and Contracts Act establishes the binding force of agreements. The seller's notice alone does not replace the agreed price without an applicable contractual or legal basis.

Identify the pricing arrangement

Distinguish a fixed total price, a price per square metre subject to final measurement, and an indexed price. Check the treatment of taxes, finishing works, parking and other promised elements.

An additional charge for a specifically ordered change to the project is different from a general increase demanded from all buyers. Compare the request with the agreement, specifications and any subsequent changes you approved.

Examine the indexation mechanism

If the contract contains an adjustment clause, identify its trigger, index or other measure, period and calculation base. Request a calculation that can be reproduced. Referring to inflation does not, by itself, explain why the particular amount is due.

A signature does not end the assessment of the clause. Where the relationship is between a trader and a consumer, unfair-terms rules may apply. Not every indexation provision is prohibited, and not every unilateral increase is permissible. Wording, transparency, applicable exceptions and circumstances matter.

Hardship does not itself create a new invoice

Article 307 of the Commerce Act allows a court to amend or terminate a contract under specified conditions involving unforeseen circumstances and conflict with fairness and good faith. Whether that provision applies to the particular relationship requires separate assessment.

A letter invoking it is not a court decision changing the price. Nor does every cost increase necessarily satisfy its conditions.

Before accepting revised terms

Read the entire amendment. Alongside a higher price, it may introduce a later completion date, a changed property description, revised floor area or a release of accrued claims. If accepting a compromise, clearly record what you receive in return and which existing terms remain.

Do not automatically stop all payments. Distinguish the disputed extra amount from instalments already due, so that the response does not create separate non-performance on your side.

For review, assemble the agreement, price and area schedules, payment records, increase notice and proposed amendment. A written response based on these documents is more useful than an argument by telephone.

Practical guidance

What to do, step by step

01 / 05

Request the specific basis for the extra payment

A letter referring to higher material costs does not by itself create a new contract price.

  • Ask for the exact contractual or statutory basis relied upon.
  • Request a complete calculation rather than only a percentage or general explanation.
  • Distinguish a general increase from an additional charge for a change you specifically ordered.
02 / 05

Identify the pricing model you actually signed

A fixed total price, price per square metre and indexation formula operate differently.

  • Check the total price, floor area, taxes, finishing works, parking and schedules.
  • If there is indexation, identify the trigger, measure, period and calculation base.
  • Ensure the figure demanded can be reproduced from the agreed formula.
03 / 05

Assess the clause’s validity and transparency

A signature does not end the question whether the particular clause applies and is legally permissible.

  • In a consumer relationship, verify the current unfair-terms rules and relevant exceptions.
  • Do not assume every indexation clause is unlawful or every unilateral increase is valid.
  • Do not treat a reference to hardship as if a court has already amended the contract.
04 / 05

Read the whole amendment, not only the new price

The draft may also change the deadline, area, property description or accrued claims.

  • Compare every amended clause with the existing agreement and schedules.
  • Record what you receive in return if you accept a compromise.
  • Do not sign a general release of claims unless it is an informed part of the agreed solution.
05 / 05

Keep undisputed payments separate

A dispute about an additional amount does not automatically suspend every other instalment.

  • Separate the disputed increase from instalments already due under the existing agreement.
  • Assess the consequences before withholding payment.
  • Respond in writing by reference to the agreement, schedules, payment records and proposed amendment.

Review an extra payment demand

Discuss your circumstances with a lawyer. Leave a phone number or email, or call us directly.

This article is for general information only. It does not constitute or replace individual legal advice.