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Dubai, UAE

Terminating contract and claiming refund for project delay

Hi,

I had purchased an off-plan property from a developer in 2017. The completion date mentioned in the contract is February 2018.

I have already paid 60% of the sale amount. The percentage completion for the project on the Dubai Land Department says 98% since the last one year.

Can I get the contract cancelled and get my money back?

Regards

O.

Dr Amira Al Bastaki Advocates and Legal Consultants
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16 Jun 2019, 06:03

If you want to break the contract, the developer will keep a percentage from your money.

You have the choice to make a complaint in RDC or you keep paying regularly so they don't take it as a breach of contract.

16 Jun 2019, 06:28

Thank you.

What is RDC?

I have been paying regularly and there is no breach of contract from my side.

So why should the developer deduct any amount?

Regards,

O.

16 Jun 2019, 08:10

Sorry for the mistake Mr O.

It is Dubai Land Department (دائرة الأراضي والأملاك).

Ismail Al Saffar Advocates & Legal Advisors
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16 Jun 2019, 06:05

Good morning,

Yes, you can cancel the contract through the court or arbitration, as per the condition in the contract.

However, there should be no default on payments.

16 Jun 2019, 06:26

Thank you for the response.

There has been no default on payments from my side nor any legal breach.

Which authority should I contact for this matter?

Do I need to hire a lawyer?

Regards,

O.

16 Jun 2019, 06:36

Yes, you need a lawyer, and you have to file a case in the court to get your payments.

Contact me at 0507243231.

Al Nassar Advocates & Legal Consultants
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16 Jun 2019, 09:21

Hi there,

You will have to prove the default from the developer and breach of contract (while no defaults on your part), then, you can request for the refund.

Otherwise, you may lose a significant amount considering the completion stage.

Thanks,

Sudhanshu Singh

0523782456

sudhanshu@alnassaradvocates.com

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