Questions & Answers
Possibility to terminate the SPA and claim refund for handover delay
Hi,
I purchased an off-plan property in Dubai that had an estimated completion date of August 31, 2020.
I received an email that due to a delay, my completion date has been pushed forward to April 30, 2022. The email they sent for the delay did not say what was the reason for the delay.
Since the developer has violated the SPA by delaying the project past 12 months of the completion date, can I request that the contract be cancelled and get what I have paid back?
Do you believe that the developer could utilize Covid-19 as Force Majeure as a reason for not following the contract?
Regards
We need to review the provisions of the SPA.
If the SPA allows an extension of the completion period, then there is no violation of the agreement.
Please feel free to contact us by phone or send us an email.
Dear questioner,
Normally, an extension of 12 months from the anticipated handover date is allowed for the developers.
But we need to review your mutually signed SPA in order to assist you properly.
If need be, kindly contact us by phone for a detailed discussion or write to us at our email for further assistance.
