Q: I paid 90% of a property that was meant to be complete in 2011. No contract was signed. The new developer took over in 2017. Can I claim my money back? A: You may file a civil case for the refund if the company has not provided you with the contract. The developer has failed to register Oqood…

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Cancellation of property purchase and claiming refund without contracts

I paid 90% of a property that was meant to be complete in 2011. The original developer crashed & ran out of money.

No contract was signed but the new developer took over in 2017 and the project was completed in 2019.

The new developer has a record of my payments and I have all receipts. I have not signed any new agreement with the new developer.

When the project finished it was nothing like what was planned.

Can I claim my money back?

Dr Amira Al Bastaki

Dr Amira Al Bastaki Advocates and Legal Consultants

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15 Jun 2020, 16:01

Please contact us on the phone or email need more information to give you the best advice.

15 Jun 2020, 16:10

Hi,

I don't have any paperwork just receipts, same with the company they just have receipts.

Could this stand up in any court?

15 Jun 2020, 19:49

Do you have any emails regarding the previous developer and the property conditions that you both agreed on it?

You need to prove the changes in the property you found. So we can help you to file an expert case to find a way to cancel the contract and get your money back.

You can contact me on email.

15 Jun 2020, 19:52

Hi,

There isn't a contract with the old nor the new developer; just receipts of the money we paid and the new developer also has receipts.

There aren't any email details specifics but I will have to have a look.

Could the developer just keep the property and sell it?

Do I have any rights if there is no contract signed?

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Abdelaziz Al Zaabi

Abdelaziz Al Zaabi Advocates & Legal Consultants

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16 Jun 2020, 08:43

Dear Questioner,

You may file a civil case for the refund if the company has not provided you with the contract.

Moreover, if the property is situated in Dubai and the developer has failed to register Oqood under your name, then you may also use the ground for a refund.

Further, there might be some other factors involved which may be helpful for filing a case. However, for appropriate advice, we need to review the documents.

Regards

I can assure to help you if you contact me by phone or email.

Thank you

16 Jun 2020, 13:51

What if we sent the contract but they didn't receive it. Does that still count?

I can't find it in my emails and the new developer cannot find it on their system. They had asked for it several times but did not receive it.

The property is completed with the new developer but it's different to what it was meant to be.

17 Jun 2020, 05:57

It is possible to file a case for refunding the amounts due to a different project than what was contracted for.

Payments are sufficient for that. You can also claim compensation and places.

If you want to receive the unit, you can file a claim to decrease the price to violate the property from what was agreed upon.

I am pleased to help you. Contact me on my phone or email.