Questions & Answers
Termination of off-plan apartments' contract without sending written notice
I purchased 2 off-plan hotel apartments in 2016; both ACD Q2, 2018. One is 100% paid, the other is 30% as per the SPA.
According to SPA:
"Without prejudice to the Seller's rights under Clause 21 in respect of a Force Majeure Event and/or Foreign Delay Events, the ACD may be extended by the Seller, in its absolute discretion without cause, by written notice to the Purchaser for a period or periods of up to a total of twelve (12) months."
No written notice was received, despite requesting it on 21/09/2018 by email (no reply).
After several misleading communications and changing completion dates, they are now saying that because I did not exercise my entitlement to send written notice requiring completion of building works within 1 year from ACD ("Remedy Period"), I am not entitled to terminate.
I didn't send this notice as I was waiting for them to send theirs as per SPA obligations. Current RERA status is 61.59% (due 30/06/2020)and 84.54% (due 31/05/2020).
Is this a good cause for termination?
Dear questioner,
If you did not mention in the SPA that you are the one who has to send a legal notice as a notification to the vendor, based on the civil law, they do not have any legal right to ask you to do that.
With consideration of the obligation of the vendor, he is the one who should notify you with the legal notice mentioning that the project will be extended for any date.
But as you did mention above that the developer did not do that, and in the end, they blame you and say that it is your turn to do the notification.
Moreover, you did your obligation regarding the payment as you did mention and send them many emails but without a reply from their side. Their silence will be considered as the default of their obligation and they do not respect the clauses of the SPA.
Please provide us with a copy of the SPA for the two hotel apartments or if it is the same contract, please send us a copy of it in order to review it and provide you with the legal opinion.
Looking forward to your reply.
Thanks!
To advise you, please provide us with SPA to our email.
Dear questioner,
Pursuant to the information you provided, we need to see the contract and the SPA to give you advice.
Kindly contact us via phone or email for a detailed discussion. Also please share your UAE contact number.
Thank You!
