WILLEMSTAD – An email and WhatsApp message from a project developer regarding views from apartments in Blue Bay do not constitute a legally binding guarantee, the Court of First Instance of Curaçao has ruled.
The case was brought by apartment buyers who claimed their views of the ocean and golf course were obstructed by the construction of the new Reef Premium apartment complex. According to the buyers, the developer had previously assured them that the view would remain unobstructed.
The claim was partly based on an email from October 2020 referring to “views of golf and sea that will remain preserved,” as well as a WhatsApp message that included an image with red lines indicating the expected sightlines from the apartments.
However, the court determined that these communications were informal and made through what it described as “fleeting communication channels.” The messages were considered too general and not specifically tied to the apartments that were ultimately sold.
More importantly, the court noted that no guarantee of an unobstructed view was included in the formal agreements, such as the option contracts, purchase agreements, or notarial deeds. These documents, the court emphasized, are the legally binding records of the parties’ rights and obligations.
Because the alleged guarantee was not formally documented, the developer cannot be held liable for the partial obstruction of the view caused by the new construction.
The claims filed by the apartment owners were therefore rejected.