Q: I have paid 20% of commercial property value. I am unable to arrange for the remaining amount and want to cancel the contract… A: The loan belongs to civil and commercial law. If you signed a check related to that loan without balance, it will be possible to prosecute you criminally…

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Consequences of canceling a contract by a client after property completion

I have paid 20% of a commercial property value which has been completed. I am unable to arrange for the remaining amount and want to cancel the contract.

Can the builder legally demand 20% more to forfeit a total of 40% before the cancellation?

Can the builder put a criminal case for the non-payment of a bank loan?

What are my options?

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Ibrahim Al Banna

Ibrahim Al Banna Advocates & Legal Consultants

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11 Mar 2020, 17:44

Please send your SPA along with your questions to our email, we will check and will advise.

11 Mar 2020, 18:09

Thank you, Dr. Ibrahim, for your swift reply. I have sent the SPA and question on the email. Looking forward to getting your expert advice on the matter.

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Maryam Ali Saleh Hayyaz

Maryam Hayyaz & Wejdan Bushahab Advocates

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12 Mar 2020, 07:17

Dear questioner,

In order to give you a confirmed answer, we need to review the SPA.

If need be, kindly contact us via phone for a detailed discussion or write us an email for further assistance.

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Abdul Wahied Mohammad Sharief

Dar Al Haqooq Legal Consultancy

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12 Mar 2020, 09:46

Dear client,

Please share SPA to our email or contact us via WhatsApp.

With documents and all the details, I will definitely answer your question.

Thanks!

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Mohamed Ahmed Gadalla

Abdelaziz Al Zaabi Advocates & Legal Consultants

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12 Mar 2020, 18:03

Dear questioner,

Regarding your question, if the builder can put a criminal case for the non-payment of a bank loan? No, he can't because the loan belongs to civil and commercial law, but if you signed a check related to that loan without balance, it will be possible to prosecute you criminally.

Regarding breaching SPA, it depends on the conditions of the contract and the negotiation with the builder.

Mohamed Gadalla

Legal Consultant

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