Questions & Answers
Termination of property SPA for stopping handover after completion
I have purchased an off-plan property in Dubai in 2014. The anticipated date of completion was December 2016, with 12 months legal grace period.
The project was completed in August 2019, but until today 22-July-2020, the developer has not handed the project over. I have been very regular in my payments and have paid 90% of it.
There is a clause in the contract which states I can only terminate my contract if the project is not handed over after 36 months of anticipated completion date and the project is not completed 60%. In my case, the project is ready 100% since August 2019.
Can I terminate the contract and get back my 90% payments plus the legal interest?
And where is it better to take my case, in Dubai courts or in DIFC? As according to my contract, I can go to DIFC arbitrators.
Thank you.
Dear Client,
Greetings from Abdelaziz Al Zaabi Advocates and Legal Consultants.
Firstly, you can file a case to terminate your contract and recover your paid amounts if the project has not been completed and they didn't hand over the unit.
You can also get more information by RERA to know the real percentage of completion for the unit and if it is registered or not.
And then, you will be entitled to file a case to recover your paid amounts.
Regarding the competent court, it's DIFC. And once you filed the case at Dubai courts, it means "dismiss the case" under the terms of your contract.
