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Termination of SPA and claiming refund for project delay

Obtaining a refund from the developer:

I bought an off-plan apartment a long time ago and paid around 70 % of the deposit.

The apartment was supposed to be ready by 2009 but it is not still ready. Around 2016 the developer changed and then we've been told that the project will be finished by 2020.

Now, the second developer says that the project might be ready by 2024. I want to cancel my contract and get back my money.

The second developer told me the first one is responsible for the project and they don't even answer my emails. I have a couple of questions:

First of all, I wanted to know if I can terminate my contract, and if so, how can I do it and how long will it take?

Thank you

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Maryam Hayyaz & Wejdan Bushahab Advocates
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24 Feb 2020, 12:16

Dear questioner,

You can definitely cancel the contract and ask for a refund.

Further, we need to review the SPA in order to comment further and suggest the way forward.

Kindly contact us by phone for a detailed discussion or write to us at our email for further assistance.

25 Feb 2020, 09:16

Hi Maryam,

Thank you for your reply.

I was wondering if I need to sign a confidentiality agreement before sending my contract to an advocate.

What is the rule in the UAE? How can I make sure my document will be safe and not being shared with a third person?

Thank you

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Elnaggar & Partners
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24 Feb 2020, 13:30

Dear Questioner,

Further to the abovementioned, we would like to inform you that, yes you have an absolute legal right to cancel the contract and return your money back with the appropriate compensation.

Why? Because basically the first developer did not respect the contract commitments has been signed by you and him.

Moreover, the second developer as I understood from your inquiry that he starts to play again and delay the project handover.

The legal process to terminate the contract can take 6 months to get first judgment with the termination.

Finally, I hope that I succeeded to elaborate and answer your inquiries.

If you agree with the above, please feel free to provide us with a copy of the SPA in order to review it carefully and shed light on any other vague points that can appear.

Contact us on our email address or phone.

Looking forward to your email.

Thanks.

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Ibrahim Al Banna Advocates & Legal Consultants
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17 Mar 2020, 20:14

Please send the SPA copy to my email, we will check and will get back to you with a solution.

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Mohammed Bani Hashem Advocates & Legal Consultants
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25 Mar 2020, 12:27

Dear questioner,

Pursuant to the information provided, we need to see your contract and special power of attorney and know your case in detail.

Kindly contact us via phone or email. Also, share your UAE number.

Thank You!

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Abdelaziz Al Zaabi Advocates & Legal Consultants
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26 Mar 2020, 06:43

Dear Questioner,

I assure I can help you if you can trust us to check your documents so that we will know what legal action to take.

I am pleased to help you if you contact me on my number or email.

Thank you

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