What are the modern approaches used by the courts of the Russian Federation in resolving disputes related to violations of the terms of a real estate sales contract, and what is the judicial practice for recovering damages and compensation for non-pecuniary harm in such cases?
The courts are now acting quite pragmatically in such cases. If one of the parties violated the terms of the contract of sale of real estate - for example, the seller hid defects or did not deliver the apartment on time - the court first looks at how serious the consequences are for the buyer. The principle of full compensation is usually applied: if a person has suffered real losses due to a violation (for example, they had to rent a house or make repairs), these costs can be recovered from the perpetrator.
As for moral damage, everything is more complicated here. In real estate disputes, the courts rarely seek compensation for moral damage, unless it is a very egregious case, for example, when the seller acted knowingly in bad faith, knew about the problems, but remained silent. In most cases, the courts consider that buying an apartment is still a business transaction, and not a matter of personal feelings.
In general, if we talk about practice, now the courts are increasingly demanding that the parties act in good faith and openly. If someone tries to cheat or conceal important information, they risk not only getting the money back, but also paying for all related damages. But with moral damage - only if you prove that you have really suffered not only financially, but also morally, and this is confirmed by the facts.