Questions & Answers
Refund from the developer
REFUND FROM UNPROFESSIONAL DEVELOPER, NO CONTRACT, NO OQOOD, NO PROGRESS
We purchased properties with Royal Estates in DIP - we have paid approximately 25% of the final value already, however they have broken the law on at least 2 issues, as they haven't given us a contract within 15 days of our reservation form plus there is no Oqood. There is no work on the site also.
The developer is constantly making excuses for past two years and is most unprofessional and unhelpful - they are unlawfully keeping our money. The reservation form is null and void as we purchased in 2015.
Is there a way we can get a straightforward refund from the Escrow account that DLD holds? There's no point for a court case as there's no challenge with the developer - anyone can see they have breached law, and I'm sure Dubai want to keep a good reputation to foreign investors without making things legally expensive and messy.
Your advice on the law for this simple situation is appreciated,
Thank you
Dear,
Kindly note that the termination of contract can either be with the mutual consent of the parties or by the order of the court.
Therefore, if the developer has not been cooperative, then you have an option to avail your right through Court Case against the Developer & other for the termination, refund and compensation in accordance with law and legal procedures.
Regards
Dear,
First of all, to answer your first question 'Is there a way we can get a straightforward refund from the Escrow account that DLD holds?':
No, there is no way, since you don't have a registered contract in DLD, and bear in mind that the reservation form is an unofficial document which can be only binding to the parties, but not to any third party or authority.
SO, the only solution will be through the court, which definitely will appoint an Expert to prove the relation, the default party, the payments made, the remedy can be made, then the compensation if its due.
Hope this clears the matter to you, if you still require any clarification please contact me.
