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Action against the developer for violating the rules of escrow account

Hi,

What action do I take if a developer has accepted cheques from me (towards my 30% off-plan payment plan) that were made payable to the company (and not payable to the specific escrow account for the developer's project I am buying from)?

Is this illegal and voids my SPA contract with the developer?

Thanks for your advice.

Dr Amira Al Bastaki Advocates and Legal Consultants
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19 Apr 2020, 08:11

The escrow account is a system established by the real estate legislator to protect buyers. Payments must be transferred from buyers to a legitimate escrow account.

In the event that the developer agrees to pay him without transferring to the escrow account, you can file a complaint against the developer with the Land Department, which notifies the developer of immediately removing the violation according to the provisions of the law.

You can contact us via email.

Aceptive Legal Consultants
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19 Apr 2020, 08:15

Dear questioner,

As per the land department guidelines, all payments from the clients to a developer has to be done in ESCROW account only.

You can initiate a complaint with the land department for the same.

If need be, kindly contact us by phone for a detailed discussion or write to us at our email for further assistance.

19 Apr 2020, 08:18

Thank you. Does this mean I can cancel my SPA and purchase with the developer?

Ibrahim Al Banna Advocates & Legal Consultants
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19 Apr 2020, 08:17

Hello,

You should raise this issue with the Land Department immediately.

For any queries, please get in touch at our email or phone.

Regards

19 Apr 2020, 08:19

Thank you.

Is this a breach of the law and grounds to cancel my SPA with the concerned developer?

19 Apr 2020, 08:26

Please check the grounds of invalidity of the SPA in your contract.

Regards

19 Apr 2020, 10:23

My SPA states: "Each cheque must be made payable to the Escrow Account Name specified in Item 11."

Item 11: This states the bank and bank account number of the development's escrow account.

19 Apr 2020, 11:23

Can you send the SPA to the email ID?

I need to check the result of non-compliance of the words "must be made payable".

Regards

19 Apr 2020, 11:30

Will do Sir.

And thank you for your help in this matter.

Bin Eid Advocates & Legal Consultants
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20 Apr 2020, 13:58

He should have demanded the escrow account.

You can complain to the land department and base on your SPA you can challenge it in the civil court. Your SPA is legal, no worry.

Feel free to contact me for further consultation on phone.

21 Apr 2020, 07:47

Thanks, Sir.

So to confirm, is this a beach of my SPA?

Do I have to open a case in Dubai Courts to cancel the SPA with the developer?

21 Apr 2020, 20:23

Yes, you can file a case based on the SPA if he breaches any clause of that contract.

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