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Can I terminate my Dubai property contract due to a 12-month delay and only 50% completion?

Dear Lawyers,

I bought a property in Dubai, and the developer is 12 months late with the progress still 50% incomplete.

Can I file a case and terminate the contract?

متميز
ناصر يوسف الخميس للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
23 Oct 2024, 17:35

Dear Questioner,

You can file a case for compensation and termination of the SPA. However, we need to review the SPA in order to advise you properly.

Kindly send us the Sale and Purchase Agreement via email so we can review the same and advise you on the next steps.

You can also call us for detailed discussion and assistance.

متميز
مركز لندن للاستشارات القانونية
دردشة توظيف
اجتماع
23 Oct 2024, 17:46

Greetings,

Yes, you can file a lawsuit and force him to complete and compensate. Send the contract on WhatsApp so that we can provide you with more accurate information.

We are honored to provide you with legal support. For further inquiries about your topic, you can come to our office or contact us via WhatsApp, phone, or email.

متميز
إنجي نبيل للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
23 Oct 2024, 17:53

Yes, you can file a lawsuit to cancel the contract, recover the amount, and claim compensation.

Contact us on phone number [--------] so we can help you.

متميز
فاطمة المهيري للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
23 Oct 2024, 19:14

I think the SPA is giving the developer the right to extend 12 months with no reason.

Kindly send the SPA to my WhatsApp for my review before replying to your inquiry.

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
24 Oct 2024, 04:06

Hello,

You can file a complaint with the Real Estate Regulatory Agency (RERA) in Dubai.

If the developer has breached the contract due to the significant delay and there’s no satisfactory resolution, you have grounds to terminate the contract.

If you decide to terminate the contract, you can also claim damages for any losses incurred due to the delay.

For further assistance, kindly share your WhatsApp number.

متميز
إيمان آل علي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
24 Oct 2024, 05:25

Dear Questioner,

You can request contract termination if the developer has not adhered to the contract terms and also seek compensation. You can contact us for assistance at [-------], or feel free to visit our office.

Thank you for choosing Al Ali Law Office for legal advice and consultation.

متميز
عبدالحميد يوسف البلوشي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
24 Oct 2024, 05:46

Greeting,

First, you should review the contract to check whether the anticipated completion date can be extended, as most contracts contain such a condition.

The developer should have sent a notice specifying the expected completion date. If that is not the case, you have the right to rescind the contract and request that the parties be returned to their original state before contracting.

If you need legal advice, you can bring the contract documents and consult one of our advisors for assistance.

Best Regards,

متميز
راشد خليل عبيد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
24 Oct 2024, 06:00

Dear Questioner,

Yes, you may be able to file a case and terminate the contract if the developer is significantly delayed in construction and the progress is well below expectations.

However, we need to review the specific details of your situation, including the terms of your contract. After a careful review, we will let you know how to proceed.

Kindly share your WhatsApp number so we can discuss this further.

متميز
الفهد للاستشارات القانونية
دردشة توظيف
اجتماع
24 Oct 2024, 06:00

Dear Questioner,

Thanks for your inquiry!

In the UAE, if a developer fails to complete a property on time as stipulated in the contract, you may have grounds to take action.

Under the laws governing property development in Dubai, particularly the Real Estate Regulatory Agency (RERA) regulations, you can typically file a complaint against the developer for delays.

If the developer is significantly behind schedule, you may have the option to terminate the contract and seek a refund of your payments, along with any compensation for damages.

However, this often depends on the specific terms outlined in your purchase agreement and the nature of the delays.

It’s advisable to:

- Review your contract: Look for any clauses related to delays and remedies.

- Gather evidence: Document all communications and progress related to the project.

- Consult with a legal professional: We as an attorney experienced in UAE real estate law can provide guidance tailored to your situation.

You can also file a complaint with RERA if the developer is not responding satisfactorily.

Kindly do not hesitate to contact us via phone or email for further guidance.

Greetings,

متميز
خالد الصاروخ للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
24 Oct 2024, 06:18

Dear Questioner,

Under UAE law, particularly Law No. 19 of 2017 concerning the Real Estate Regulatory Authority (RERA) and Law No. 13 of 2008, buyers have certain protections when developers fail to meet deadlines.

Here's the plan of action:

1. Contract Review (One-Year Extension Clause):

We need to carefully examine your Sales and Purchase Agreement (SPA) to determine if the developer is entitled to a one-year extension clause. This will be crucial in assessing whether their delay falls within acceptable contractual terms or if it constitutes a breach.

2. Compensation for Delay:

If the developer has exceeded the allowable delay period, we will explore seeking compensation based on the current rental value of similar properties. This is a common approach to cover the financial impact of the delay.

3. Termination of Contract:

Should the delay be unjustifiable, and after confirming that there is no binding extension clause protecting the developer, we can pursue termination of the contract. This may involve filing a case to recover your payments and seek damages.

Once we have all the information, I will provide you with a detailed strategy that takes into account the legal options, compensation avenues, and the potential for contract termination.

Let me know if you’d like me to start the contract review and analysis right away.

Best regards,

Omar Mosaad

Senior Legal Consultant

متميز
الحجية النوبي للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
24 Oct 2024, 06:29

Hello,

According to UAE law, if a developer is delayed in delivering a property, the buyer has the right to terminate the contract and request a refund of the amount paid, along with any accrued interest.

However, there are certain conditions that must be met before filing a case and terminating the contract.

1. The contract must have a specific delivery date:

In order to terminate the contract, the buyer must have a written contract with a specific delivery date. If the contract does not have a specific delivery date, the buyer cannot terminate the contract based on delay.

2. The delay must be substantial:

The delay must be significant and not just a few days or weeks. In most cases, a delay of 12 months or more is considered substantial.

3. The delay must be the fault of the developer:

The delay must be due to the fault of the developer and not due to any external factors such as force majeure or government regulations.

4. The buyer must have fulfilled their obligations:

The buyer must have fulfilled all their obligations under the contract, including making all payments on time.

The purchase contract must be reviewed, and the percentage of completion compared to the payments made should be identified to provide you with accurate guidance.

Please contact me at [---------].

متميز
جلال حسين للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
24 Oct 2024, 09:02

Yes, you can file a case to terminate the contract, recover the amount paid, and claim compensation for the delay and the damage resulting from it.

متميز
علوي الجابري للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
24 Oct 2024, 10:49

Sure we can.

We need to read the contract and we can ask for compensation also. We can send him a legal notice.

Please reach our senior legal consultant Mr. Muhammad Abdullah via WhatsApp for more details.

متميز
ميدل إيست ليجل كونسولتانتس
دردشة توظيف
اجتماع
24 Oct 2024, 12:09

Dear Client,

Yes, you can file a case to terminate the agreement and request a refund of your money along with expenses.

Just contact us to handle your case at a good price. [--------].

كاسب محمد الحساني للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
24 Oct 2024, 13:15

Thank you for reaching out to Al Kaaseb Advocates and Legal Consultancy!

We specialize in property disputes and have extensive experience in dealing with cases involving delayed project handovers by developers in Dubai.

Yes, you may have grounds to file a case and terminate the contract based on the developer's delay. Under Dubai's property laws, particularly Law No. 19 of 2017, if a developer is significantly delayed in completing a project, buyers may be entitled to take legal action.

Our team has successfully handled numerous cases similar to yours, and we are confident in our ability to help you resolve this issue efficiently. We recommend acting promptly, as timing can be crucial in such disputes.

Please do not hesitate to contact us for a detailed consultation!

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