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Dubai, UAE

Defaulting on property purchase instalments due to COVID-19

Hi

I have 2 properties bought off-plan. Both are overdue. Both are above 90% completed & approximately 6-9 months overdue.

I lost my job due to COVID-19 & can no longer fulfil my financial obligations. The properties are with [--------] & [-------].

Is it possible to win a case, cancel the SPA & get my money back?

I would like a friendly termination of the SPA which both developers have declined.

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Abdelaziz Al Zaabi Advocates & Legal Consultants
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23 Jun 2020, 09:14

Dear Questioner,

I would like to review the contract if you trust us with your documents.

You have the right to claim all the amounts you have paid to the company, and you have the right to demand appropriate compensation for the damages incurred by you as a result of that delay.

The main reason for breaking the contract is breaching the contract by the company to deliver on time and the court will compel the company to pay all fees and expenses that you paid to the court

The litigation procedures are as follows:

1- We will file a lawsuit to appoint an expert to prepare a technical report showing the percentage of completion of the project, and also, whether the project is registered in Dubai Land Department -the Real Estate Regulatory Department- and whether the apartment was registered under your name or not.

2- The fees of the case are AED 6000.

3- After registering the case, the court selects an expert and assigns him to prepare the report.

4- After that, we amend our requests according to the report and we demand to terminate the contract and return all the claimed amounts, in addition to compensation and all the fees that we have paid to the court.

5- The expected time to complete the case is approximately two to three months.

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

Thank you

MIO Law Firm (Abu Baker Salem Advocates & Legal Consultants)
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24 Jun 2020, 07:58

Hello,

As per your query, please note that due to COVID-19, there are no such regulations enacted in the UAE that will help you terminate the contract and get the money back.

Since you have lost the job due to COVID-19, we can restructure your payment plan. First of all, by negotiations and a formal letter, and if they do not agree, then an order from the court to restructure the same.

Please call for more information or email us.

24 Jun 2020, 08:02

Hi,

I am actually happier to restructure the payment plan. It works in my favour to retain my assets. I will send you an email.

Thank you for your response.

24 Jun 2020, 08:04

Ok.

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