Questions & Answers
Questions & Answers
5 available 5 • View allThe right decision upon handover delay by a developer

1
Q: Background:
1. SPA was signed in March 2014. Original delivery Date Jan 2017. SPA permits 1yr delay.
2. I have made 35% on account payment. 65% was due on handover.
3. I completed snagging Q3 2019 and de-snagging last week (Post Jan 29, 2020)
4. Received handover letter in Dec last week 2019 to settle 65% by Jan 29, 2020.
4. I have been requesting/discussing since early Jan 2020 to provide me a discount/compensation for a 2-year delay and settle the net payment. Discussions are still in progress with no end date in sight.
My Questions are:
A. How to proceed?
(i) Should I make 65% payment 1st and then seek delay compensation?
(ii) Make on account payment after netting off my expected discount amount?
(iii) Continue to wait for the developer to provide me the discount amount?
(iv) Explore cancellation of the contract and seek a refund of 35% along with interest?
Thanks!


Feb 7, 2020
278
Claiming refund and compensation from a developer




2
Q: I purchased an apartment in August 2007 which was due for handover on October 31, 2009. The purchase price was AED 1.42 million.
The payment term was 50% in 7 instalments and 50% on project completion. I paid 50% as per the agreement, The developer informed me sometime in 2008 that the project was delayed due to force majeure as the substation in Business Bay was not complete.
Now it is 2020 and the project is still not completed. The substation in Business Bay had been completed years ago.
I would like to know if I am entitled to compensation for the delay or can I cancel the purchase in its entirety and get my money back along with interest?
Please advise me on my options and what steps should I take forward.





Feb 6, 2020
743
Refund of an off-plan property payments for delay in delivery 
1
Q: Salam,
Hope you are very well.
I am writing this email to understand the current law for off-plan properties in Dubai.
I started an agreement with a developer in Dubai in 2016 4th quarter. The developer promised to deliver the project by June 2019. Currently, the project is only 23% completed.
When I saw the project is being delayed, my payments were delayed too I paid around 40% of the unit price. Now I received an email/letter from the developer on the final Legal Notice, or they would cancel my unit.
Does the developer have such rights even though its a big delay from there end?
If they cancel my unit, what % of my total paid money will I be refunded from them?
I would appreciate your detailed and kind response in this matter, please.
Thanks

Apr 3, 2019
1711
Refund of an off-plan apartment payments for delay in handover



2
Q: I bought an off-plan apartment a long time ago and paid almost 80% of the property value per my contract. Unfortunately, the developer couldn't manage to deliver it on time and transferred it to another developer 4 years ago.
The apartment is not ready by the second developer yet and they say that it might be ready by 2024 (Per our contract it should have been completed by 2009).
I called the second company and asked them to terminate my contract but they told me that they are not responsible for it and I need to contact the first company.
I also sent a couple of emails to this company (the second one) but they didn't reply to my email.
How can I get my money back?
What is the legal process in the UAE for such a case?
Thank you!




Mar 22, 2020
938
Can the property buyer hold payments due to continuous delay in the date of handover?

0
Q: Can a developer force the last payment (on possession/handover) after a 3-4 years delay?
I purchased villas in 2014, fulfilled my obligations and paid 90% each by May 2017(on time).
One villa has now been completed (April 2021) and the developer has been on my neck to pay since; no rest, nonstop calls, emails, penalties, and even threats of termination.
They STILL haven't completed the other villas. I sent a letter for an extension for 6 months and it was denied.
Please advise on what to do.
Thank you!


Aug 31, 2021
238

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If someone has a case in the UAE, can they travel to another GCC country? 0
Hi.
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He completed 3 to 4 tasks, but he realized it was not good, so he stopped. After one week, when he opened his account, it was blocked, and the bank said, "We are conducting an investigation; after this, we will let you know."
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Hi,
May you and your family be blessed.
I'm extremely tense and need your kind feedback on the following issue.
If I have a travel ban in KSA, can I travel to the UAE on a work visa?
I have been visiting Dubai on a tourist visa without any problems.
The ban was imposed because I had to leave KSA suddenly and could not return after an exit-entry, and I was unable to pay back my car EMI and credit card payment totaling 30k SAR, which I intend to pay off gradually now.
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I have finally obtained a better-paying job after a long time and can finally save up to pay off my debts. The case registered for which the travel ban is imposed is only for SAR 16000.
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The developer refuses to pay the money back after delivery delay due to force majeure 0
I am seeking legal advice to terminate the contract due to a delay in the project for a period of 16 months only.
The following is the details of the project as per SPA and some givens:
- 30% paid in installments (on time, no delay in payment).
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Cancellation of a property purchase and refund for over-delay in handover 0
Hello
I am contacting you from London. I have purchased a property in Dubai in a project in 2005. We purchased two apartments and today we have not received anything yet.
This construction project is still going on and the developer has changed many times. Another company now runs the project, and whenever I contact them they say it's going to be ready in the next 3-months or 6-months.
It keeps postponing work are currently at standstill. I have contacted them then and the same they're waiting for more information from the Dubai authorities.
Every time there's a different story, and we get delayed. It's now been 16 to 17 years since we have invested in this and I would like to put a stop to this now, possibly get a refund and compensation.
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