Q: We bought a property. How we can proceed to escalate the issues against the developer for not delivering as per the SPA by using cheap materials… A: Review your Sale and Purchase Agreement to ascertain what they have promised you and also if there is any time limit for you to raise issues…

Dubai, UAE

922

Claim against a developer for failing to deliver the agreed quality

We bought a property in a project from a developer at a premium price of AED 5.4 million. Handed over was in January 2019.

We signed off the snagging as prima facie everything looked okay. Once the tenants moved in, the nightmare began. Not a day has gone by without a major issue surfacing.

Recently the switchboard caught fire and could have led to a major fire harming the tenants.

Anyway, I want to know how we can proceed to escalate the issues against the developer for not delivering as per the SPA by using cheap materials, cutting corners in fittings, structural flaws.

I just want to make sure that the developer does not get away with shoddy work. They should not take any customer for granted or for a ride and have such a callous attitude. We don't want our fate befalling others.

Appreciate the legal thoughts on the best approach to proceed with ensuring that the developer honours commitments and that proper quality check performed by the developer before handover.

Thanks in advance.

Dr Amira Al Bastaki

Dr Amira Al Bastaki Advocates and Legal Consultants

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17 Jul 2019, 04:50

Please contact us on sara@advoamira.ae for more details about your question.

17 Jul 2019, 05:27

Thank you, Dr Amira. I have sent you the email on sara@advoamira.ae.

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Hari Wadhwana

Al Nassar Advocates & Legal Consultants

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17 Jul 2019, 05:23

Dear Sir/ Madam,

Thank you for reaching out to me on this.

I absolutely understand how frustrated you might feel after investing your hard-earned money and going through this.

I will have to review your Sale and Purchase Agreement to ascertain what they have promised you and also if there is any time limit for you to raise issues regarding the fixtures and fittings.

The reason I want to review is to understand where we stand legally and I wouldn't want to litigate where there is no legal basis.

However, a strong legal notice about the works is a must to deter the developer from conducting such activities in future.

You can email me the SPA on email.

I trust you will find this helpful.

Regards,

Hari Wadhwana

052-9495731

17 Jul 2019, 05:38

Thank you, Hari, for your response and interest in my query.

I have just now responded to another lawyer who reached out to me.

Should for some reason, we're not able to proceed with this lawyer I shall contact you.

Have an awesome day!

Thanks & regards,

H. S.

17 Jul 2019, 05:40

Dear H.,

Sure. Have a good day!

Regards,

Hari Wadhwana

17 Jul 2019, 09:33

By the way, Hari, would you be able to give us a breakdown of your fees to get an idea?

Many thanks,

H. S.

17 Jul 2019, 09:35

Dear Helena,

Thank you for reverting back to me.

I will need to review the Agreement to allow me to advise you on the fees and breakup.

For reviewing the Agreement, I won't charge fees.

I trust you will understand.

Regards,

Hari Wadhwana

17 Jul 2019, 09:40

I understand. I shall send you the agreement shortly so that you can then send me a quote.

Thanks,

H. S.

17 Jul 2019, 09:42

Dear Helena,

Surely. I shall wait for your email and send my preliminary legal advice thereon.

Regards,

Hari Wadhwana

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Bashar Abdalla Al Masayba

Bashar Al Masayba Advocates & Legal Consultants

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17 Jul 2019, 05:45

Dear Sir,

You are kindly invited for a meeting at our office along with bringing all the relevant documents, for example, SPA and addenda thereto so that we can review the agreement and the defect liability period in order to tell you the correct disposal.

Advocate Bashar Abdalla

0505479696

bashar@almasayba.com

17 Jul 2019, 05:50

Thank you for your response and interest in my query.

I have just now responded to another lawyer who reached out to me first.

Should for some reason, we're not able to proceed with this lawyer I shall contact you.

Have an awesome day!

Thanks & regards,

H. S.

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