Claiming refund from developer for delay in the delivery of property

Based on our experience in such cases, it will be depending on project completion percentage.

So you are kindly invited for a meeting at our office and bring us all the documents related to your topic so that we can do an inquiry against the project and know the completion percentage.

Dear Sir/ Madam,

Kindly email me a copy of the SPA to review. Once I review the SPA, I will be in touch with further clarification and your legal rights going forward.

Dear Questioner,

The buyer has the right to terminate the SPA based on the developer's default. It has to be done through filing a civil lawsuit case in the court and the default has to be one of the following scenarios listed in Article 20 of Decree No. 6 of 2010:

"1. If the developer refuses, without any reason acceptable to the Department, to deliver the final sale agreement of the Real Property Unit to the purchaser;

2. If the developer declines to settle the payments in accordance with the construction milestones as proposed by RERA;

3. If the developer makes material changes to the agreed specifications agreed to in the agreement;

4. If, upon handover of the Real Property Unit, it is found that the Real Property Unit is unfit for use due to material constructional defects; or

5. Any other cases that may require termination of the agreement in accordance with the general principles of law."

You could also find more information about the scenarios in Article 21, 22 of the same law.

If you terminate the contract in other scenarios you will be considered as the party in default and you will be paying compensation to the developer based on the progress of works percentage.

Another factor to consider is the terms of termination of your specific SPA signed with the developer.

Good Luck.