أسئلة وأجوبة
Right of the buyer to terminate the SPA and request refund for delay in handover
I purchased an off-plan property in 2017 in Dubai.
Handover per the SPA was early 2018. I served a formal request for handover in 2018, however, the builder used 1-year extension as per the SPA and revised the handover date to early 2019.
Then in 2019, I enquired about the handover, but the builder used an additional 1-year extension as a remedy period. Again I enquired in 2020, construction was incomplete but the seller/builder promised mid-2020.
Now in 2021, the building is near to completion (but still not certified). However, I have raised a formal request to claim a refund as per the contract due to delay.
Can I personally go to the Dubai Courts service center and make a legal notice to the builder. I am a non-Emirati, however, a resident.
Please advise
Dear Questioner,
First of all, you have the absolute legal right to sue the seller and refund your payments due to delaying the handover of the property.
Second, you can go by your self to Dubai court, no problem, to serve legal notice to the seller. But you should know that you have to approach a professional lawyer whose expertise is in real estate cases to guide you correctly for what you have to do instead of wasting your time and money without following lawyer advice.
However, if you would like to share with us a copy of your SPA to review it and provide you with relevant legal advice please feel free to contact us at our email.
Thanks.
Dear questioner,
You can send a legal notice to the developer through the Notary Public in Dubai.
Further, we can help you in the termination of the mutually signed SPA and ask for a full refund of all your investments done to date.
Kindly contact us directly on the phone or by email for a detailed discussion.
Dear Questioner,
You can request cancellation of the Sale and Purchase Agreement and claim a refund of the money paid and compensation for the delay caused.
Further, we need to review the Sale and Purchase Agreement's terms to give you appropriate legal advice.
Please send us a copy of the Sale and Purchase Agreement to our email to review the same and guide you with the next steps.
Thanks
