Can a new developer cancel my old SPA and take my unit if I refuse to sign the new SPA?

Thank you for reaching out with your question regarding the situation with the new developer!

This is indeed a complex matter that involves both property law and the specific regulations set forth by the Judicial Committee for incomplete and canceled real estate projects in Dubai.

To address your concerns:

- Right to Cancel the Old SPA:

The new developer is likely relying on the authority granted by the Judicial Committee to enforce the new Sales and Purchase Agreement (SPA).

However, the ability to cancel the old SPA and take your unit if you do not sign the new agreement depends on the specific terms outlined by the Committee, as well as your original contract and the payments you've already made.

- Request for Completion:

Given that you've paid 80% and the project is 60% complete, you may have grounds to request that the developer focus on completing the project rather than imposing additional fees.

This request can be made formally, and it may strengthen your position if negotiations or legal action become necessary.

I recommend that we review the original SPA, the new SPA, and any official communication from the Judicial Committee to fully understand your rights and the developer's obligations.

By doing so, we can determine the best course of action to protect your investment.

Please feel free to reach out to me via WhatsApp or phone to discuss this matter in detail. I look forward to assisting you further.

Hello,

As per your query, please check the verdict from the judicial committee. The old SPA can be canceled if there is such a verdict or direction from the committee.

Please contact us for further information via email or phone.

Dear Questioner,

According to UAE law, the new developer does not have the right to cancel the old SPA and take your unit if you do not sign a new SPA.

The new developer must honor the terms and conditions of the original SPA that you signed with the old developer.

Any changes or additions to the SPA must be agreed upon by both parties and cannot be imposed unilaterally by the new developer.

If the new developer is trying to add extra fees to the SPA, you have the right to negotiate and refuse to sign the new SPA if you do not agree with the changes.

The new developer cannot force you to sign the new SPA or cancel your old one without your consent.

You can also request for the project to be completed as per the original SPA that you signed. If the new developer is unable to complete the project, you have the right to seek legal action and claim damages.

It is important to seek legal advice and consult with a lawyer who specializes in real estate law in the UAE to protect your rights and interests as an investor.

Dear Questioner,

If this is truly the committee's decision, there is no choice but to comply with it.

As long as there is a committee, there is no court. The committee acts as the court in such cases. Make sure that this is indeed the committee's decision.

Dear Questioner,

The new developer's ability to cancel the old agreement and enforce a new one depends on the original contract and legal provisions.

Request an update on the project's progress and completion date. Professional legal counsel is crucial to understanding the situation and protecting your rights and investment.