Q: I have cancelled the purchase of a property in Dubai. The developer committed in writing to refund the agreed settlement amount “within 90 days “. m I able to enforce the email agreement… A: If you have the written approval from the developer to refund the money, you have a good case…

Dubai, UAE

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Steps to get the settlement amount from developer after cancelling a property

Dear Sir

I have cancelled the purchase of a property in Dubai and the developer has agreed with my decision. The developer committed in writing to refund the agreed settlement amount “within 90 days “.

I have kept consistent follow-up records and everything in writing between the developer and me. However, 1 week before the 90 days expiry period (due to my constant and persistent follow up in writing) the developer has stated it will take another 90 days for them to refund me the monies, sighting COVID-19 as “ the “ reason.

Am I able to enforce the email agreement between the developer and me to recover the agreed settlement within the 90 days and latest at the 90-day deadline?

I look forward to hearing from you, I would also be pleased to engage on the tel with you if you feel this would be more useful. I currently reside in Kenya.

Thanks.

Regards,

Nasser Malalla

Nasser Malalla Advocates & Legal Consultants

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9 Aug 2020, 13:51

If you have the written approval from the developer to refund the money, you have a good case.

We should send them a legal notice and give them 5 Working days to refund the money otherwise we’ll go down to the court.

Best regards,

Nasser Malalla

9 Aug 2020, 14:45

Thank you for your prompt and assertive response.

How do I proceed from here on? (with your assistance please)

Shall I email you the most relevant emails and please let me know how much will your services cost?

Thank you

9 Aug 2020, 20:23

You're most welcome.

Yes, please, send all your documents copy by email to me then I will send you my draft of the power-of-attorney.

You should sign it in your country and attest it from the UAE embassy and send it back to me and I will send you my quotation to have a look so we can both sign it if you agree.

Thanks

10 Aug 2020, 05:34

Dear Mr Nasser

Thank you once again for your speedy response - much appreciated.

Please confirm the email ID I can share the info on.

Some further info please:

1) I would be thankful if you could send me the quote once you receive the email docs, it will enable me to make the necessary payment arrangements.

Do you accept credit card payments online (to speed up the payment process )

2) As sending printed docs and attested POA (please send me draft) could take at least 5 days even by DHL, I would like to do all I can to find the most speedy way of dealing with all your requests.

3) Can we recover your fees and court costs from the developer?

If you have any other methods to speed up the process (between us) I would be happy to follow your directions

Thank you

10 Aug 2020, 06:02

Please send it to our email.

Yes, the court charges only can be refunded after winning the case.

Thanks

10 Aug 2020, 06:05

Thank you.

I will put the emails in a logical order and send them to you later today for you to evaluate and advise me further.

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