Questions & Answers
Refund of an off-plan apartment payments for delay in handover
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!
Dear questioner,
We can help you to get your hard-earned money refunded.
Kindly send me a copy of SPA for review and further action.
Kindly contact us via phone for a detailed discussion or write us an email for further assistance.
Dear Sir,
With reference to the above-mentioned subject, we need to have a meeting with you, but we need to clarify an issue, do you have an arbitration clause in the contract?
For further legal advice, please contact us via phone or email.
Hi,
You should contact the Land Department in Dubai and raise your complaint. To consult on your issue more, we need to read your property purchase contract.
If the date of completion is completed, then you can register a complaint.
According to law, If the developer did not initiate the work in the property for reasons beyond his control (force majeure) and without negligence, the developer may void the sale contract, but deduct not more than 30 per cent of the paid money and return the remaining within 60 days of the date of re-selling the property, whichever is earlier.
And if the project is cancelled by a resolution from Rera (Real Estate Regulatory Agency), the developer must fully refund the buyer.
This is as per Law No. (8) of 2007 Concerning Escrow Accounts for Real Estate Development in the Emirate of Dubai.
Please feel free to contact with your contract draft!
Imran Khan
Legal Consultant
