أسئلة وأجوبة
Termination of SPA due to the delays in delivery and getting refund
I've signed a booking form only back in September 2016 for an off-plan project. As per the booking form, the expected completion date was Dec 2017.
I paid until mid of 2017 30% of the value of the property, as 70% was set to be after the handover. The project is now recently completed in 2021.
I have not signed any SPA and reservation agreements for the residential apartment. They did not give me reservation and SPA until the end of 2019.
I requested a refund of my 30% payment back in Jan 2020 due to significant delays. Now, the handover started and I don't want to pay the final handover instalment.
I would like to ask if I can claim a refund and compensation based on the facts above.
Dear Questioner,
Since you have not signed the Sale and Purchase Agreement, you can resort to the competent court to seek the termination of your contractual relationship with the Developer and claim a refund of the money paid along with interest and compensation.
As per Article 20 of the Executive Council Resolution No. (6) of 2010 Approving the Implementing Bylaw of Law No (13) of 2008 Regulating the Interim Real Property Register in the Emirate of Dubai:
"A purchaser may resort to the competent court to seek termination of his contractual relationship with the Developer:
1. If the Developer refuses without a valid reason acceptable to the DLD to deliver the final sale agreement of the Real Property Unit to the purchaser."
Please send us a copy of the booking form and statement of accounts on our email so that we can review the same and guide you with the next steps.
Thanks
