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Termination of a villa SPA and claiming refund for delay in handover

Hello

I booked a villa in 2015, paid Oqood and all the due instalments of 35% before handover. The project completion date was Jan 2019.

The grace period of one year ended in January. The project still stands on 48% completion as per the RERA website.

Is there any possibility to have the money refunded?

Aceptive Legal Consultants
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22 Jul 2020, 06:38

Dear questioner,

As the developer has defaulted on its duties by delaying the handover of the property, therefore, you can definitely open a case in the UAE courts to terminate the mutually signed SPA and ask for a full refund of all money paid to the developer.

Further, we can help you in this case as we are already handling similar cases in Dubai.

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

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Elnaggar & Partners
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22 Jul 2020, 07:08

Dear Questioner,

In order for me to answer your question, I have to check the SPA signed between you and the developer to see its terms and conditions and your exit right.

In case the SPA is on your side, I would suggest you serve first the developer with a legal notice and if they will not take actions according to it, we can start the legal proceedings against them.

Please feel free to contact me at my email for more information.

Best Regards,

Raluca Gatina

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Abdelaziz Al Zaabi Advocates & Legal Consultants
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22 Jul 2020, 08:09

Dear Client,

Greetings from Abdelaziz Al Zaabi Advocates and Legal Consultants.

We are pleased to provide you with legal services and consultations.

You can file a case to cancel or terminate your contract and recover the paid amounts in addition to compensation and benefits.

If I can be of assistance, please do not hesitate to contact me on the phone or email.

Thank you

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