Questions & Answers
Claiming remedies after developer's breaching of the contractual obligations
Hello there,
I want to understand if there is any form of consumer rights protection for customers under real estate projects. I have paid for 80% of an off-plan property which when we put a down payment 5 years ago was supposed to be a premier luxury community.
Over the years, the community has dropped many of the features of what was marketed like a rain forest and greenery. Currently, it's not only the community that was marketed on their brochure but quality and finish are also extremely poor.
Simple things like fire alarms or sprinklers which I thought to be mandatory for villas in the UAE aren't put. They have been harassing me to make the final hand over and final payment.
Even though, we have told about the never-ending snags and even missing sqft and basic layout of the townhouse. I didn't expect this from a prime builder. We chose to take a sustainable green community even though far from the city assuming the luxury and finish would be there.
Extremely disappointed and feel scam.
Please advise!
Dear questioner,
You may seek legal remedies at Dubai Courts.
The court will definitely look into the contract and if the developer is found to be at fault, the court will terminate the contract and order the developer to repay the full amount paid by the purchaser.
If the developer fails to perform his obligation as per the agreed terms of the contract or Art 246 (1) of the UAE Civil Code, then the purchaser:
a. can terminate the agreement; and
b. claim a refund of full money paid.
I cannot comment further on this matter without verifying the SPA and layout.
Please feel free to contact me if you need any further information, guidance, or assistance in this matter.
Thank You!
Sunil
Dear Sir,
From the brief information presented by you, we understand that you have bought a Villa five years ago that was supposed to be built as per specific guidelines and material promised by the developer at the time of sale and all of that can be proved by documentary evidence issued by the developer.
In that case, you have a right to file a civil claim against the developer demanding compensation and refund in full from the developer.
Your claim will be supported by an expert report prepared by a court-appointed expert.
In case the SPA and project marketing material are in contradiction with the reality, you may have a very strong claim for termination of sale agreement and refund of monies along with the legal interest.
Please feel free to contact us via email for more information!
Best Regards,
Hello,
As per your query, since all the terms were not fulfilled as per the agreement, so there was a breach of such terms.
In regard to the poor work, you can take action against the developer and can send a legal notice for the same. You can put a legal notice and can take legal action in regard to the matter.
Please contact us via phone or email for further assistance!
