Questions & Answers
Cases where the delay in property handover call for a full refund
Hi,
I am seeking advice on property purchase.
In 2016, I purchased a studio with a completion date of Q2 2018, for 500k, with 70% paid at handover. So far, I have paid 140k+21k registration fees. It has been over 2 years since completion date with no signs of it completing till Q1 2021.
Due to this delay, I would like to inquire my legal right if I were to file a case and request for a refund from the developer.
The SPA states in case of force majeure, they can extend the completion by 1 year, after which they have an additional year under the seller's remedy period.
However, I have not received an email stating a force majeure, therefore, I did not issue a written notice.
Although, I have sent them numerous emails stating that I would like to cancel my unit and get a refund, however, I have been denied this request. They had said all such requests sent by email do not count.
Can someone please guide me, whether I should file a case or not?
Thank you!
Dear questioner,
The developer has defaulted on its basic duties by delaying the handing over of the property.
Therefore you need to open a case in Dubai Courts in order to terminate the mutually signed SPA and ask for a full refund of your investments.
Further, we need to review the SPA in order to assist you properly.
If need be, kindly contact us at our phone for a detailed discussion or write to us at our email for further assistance.
