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Dubai, UAE

Termination of apartments for delay and failing to continue installments

Delayed property development and defaulted payments, Please help!

3 properties purchased in early 2016.

1 x 1 Bed (est AED 1 mil+, status 82% dev).

2 x 2 Bed (est AED 2 mil+, status 65% dev).

The developer confirmed that after 50% was paid we would be eligible for a mortgage. In 2018 attempted to amend the developer's errors made on the names on the contracts and sort the mortgage. After liaising with DLD, we were told the LD was

Aceptive Legal Consultants
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25 Aug 2020, 06:07

Dear questioner,

Your question is not complete.

Kindly contact us directly for a detailed discussion.

25 Aug 2020, 07:13

Basically, the developer is behind construction by 1+ years. They have been behind from day 1 but have been requesting payment from us.

My father tried to cancel out of the contract from the day of finding out they hadn't built anything but they kept threatening us that they will take all money and the apartments so we cannot back out or get our money back.

He has paid 50% on all 3 properties. He currently cannot afford to make any further payments with Brexit and the global pandemic his business has really taken a hit.

We need help to get our money back.

25 Aug 2020, 07:18

Kindly contact us directly for a detailed discussion.

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Abdulhamid Yousuf Albulooshi Advocates & Legal Consultants
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25 Aug 2020, 06:14

Dear Questioner,

Please send us the full details of your question by email or Whatsapp.

Thank you.

25 Aug 2020, 07:11

Hi,

Basically, the developer is behind construction by 1+ years. They have been behind from day 1 but have been requesting payment from us.

My father tried to cancel out of the contract from the day of finding out they hadn't built anything but they keep threatening us that they will take all money and the apartments so we cannot back out or get our money back. He has paid 50% on all 3 properties.

We need help to get our money back.

25 Aug 2020, 07:27

We shall be claiming the paid amounts and the compensation from the defendant including punitive damages.

The legal interest accrued on this amount shall also be payable by the defendant.

We would like you to send us all the case documents (Contract + receipts for payment + any other documents related to the case )

We will review the case file and provide you with our legal opinion.

Looking forward to hearing from you.

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Abdelaziz Al Zaabi Advocates & Legal Consultants
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25 Aug 2020, 10:41

Dear Questioner,

I assure I can help you if you entrust us to check your documents.

You can file a lawsuit to ask the company to cancel the contract, get a refund of your money + 12% legal interest, and claiming compensation for the delay and damages incurred by you.

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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26 Aug 2020, 09:58

Hello,

As per your question, there are 3 different scenarios. As per the information provided there were 3 properties that were purchased from the developer.

You have also written the stages for completion of the properties; in regard to the status of the properties as the completion is in 82%, 69% and 50% respectively.

Hence, it is difficult to get back the money unless the project is in the cancellation stage and if the project has been halted due to some major issues.

However, we can plea to the court for restructuring the payment plan due to your father’s incapability of the payment.

Also, would like to know, what is the scenario in regard to registration of the property, is it in your father’s name?

Did you receive the interim register certificate?

Also, as per RERA, there are certain stages of the completion of the project, that gives the right of the developer to perform its duties as per the law and contract.

Please call or e-mail us for further clarification and query.

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