Questions & Answers
Termination of property SPA and claiming refund for handover delay
I purchased an off-plan property studio in Mar' 2018 from a well-reputed builder in Dubai. The anticipated handover date was March' 2020.
In Aug 2019, I received notice that there is a fire incident at the site. Same month Aug' 2019 I have cross-checked the project status on the Dubai Land Department website which shows only 23% of work has been completed.
It was clearly understood that the project was running late & they were never in a position to complete on-time March' 2020 even if the fire incident would not have happened.
In the month of handover Mar' 2020, we have received that due to force majeure the handover is delayed & the remaining monthly instalments are paused & will be taken on completion, paid 50% till now.
As I understand from my contract, delivery can be pushed by up to 12 months, however, there is no mention of actual delay that can be taken on a note of force majeure.
What are my options with the developer? My preference would be to terminate the contract and get my money back.
Dear questioner,
As the developer has defaulted on its duties by delaying the handover of the property, therefore you can terminate the mutually signed SPA and ask for a full refund of all the investments done till date.
Further, we need to review the SPA in order to assist you properly.
If need be, kindly contact us by phone or email for further assistance.
We can proceed with the claim case. During the proceedings, we shall be claiming compensation from the defendant including punitive damages.
The legal interest accrued on this amount shall also be payable by the defendant.
Please contact us by phone or email.
Thank you
Dear Questioner,
I assure I can help you if you entrust us to check your documents.
You can file a real estate lawsuit to ask the company to cancel the contract, get a refund of your money + 12% legal interest, and claim compensation for the delay and damages incurred by you.
I am pleased to help you. Contact me on my number or email.
Thank you
Dear Client,
Good day!
As you confirmed that the handover date was different and it has nothing to do with the fire incident, since it was not handover on time, that's why this accident happened so the Force Majeure Clause will not apply. We will ask for termination and refund.
For further assistance, please feel free to contact us by phone or email.
Thank you.
