Questions & Answers
Questions & Answers
3 available 3 • View allHow to terminate the SPA of a property and claim refund for delay

1
Q: I have purchased an off-plan property from a Dubai based developer. The project is delayed and not yet completed and the DLD App is showing 85% progress.
As per the SPA, handover date is Q2/2018. I've sent 2 delay notices already during the last years, to the developer as per the SPA.
The developer verbally informed me that the Building Completion Certificate is planned in November and completion notices due on December 2020. This cannot be trusted as last year they informed the same.
Further, the developer's agent is just saying now I can't terminate the SPA since the progress achieved is more than 85% - as per the UAE property Law. This is not in line with the SPA as per my understanding.
40% of the apartment amounts are paid timely and in full together with 4% DLD Fees. Balance 60% is due only at the handover.
Currently, I want to terminate the SPA and obtain a full refund. Please advise legally how to take action on this requirement?
Thank you and waiting to hear from you.


Oct 13, 2020
600
Delayed property projects and the right to exit the SPA
3
Q: Delay in property completion and need for cancellation and exit from SPA
Hello All,
I booked for an off-plan property in Downtown Dubai by a leading builder. The completion date was June 2018. However, the property was not completed in June of 2018.
I received a note in April 2018 citing the new completion date would be Dec 2019.
Since the completion date is well over the stipulated grace period in SPA, I had requested the builder for a friendly settlement by cancelling the SPA and refunding the money as per the default by vendor clauses in the SPA.
This has been refuted by the builder and repeatedly says that they cannot cancel the SPA and neither can they refund the money. What are the options available?

Mar 21, 2019
1854
Cancellation of a purchased property SPA and refund for handover delay


2
Q: I purchased an off-plan apartment from a developer with payments plan 20/80. I have paid 20% so far plus 4% DLD. The developer has not given me my land registration yet.
According to my SPA, the property handover is supposed to be in Q1 2020. I received a notice that the new completion date is now Q1 2021 but is doubtful. Project completion date is 46% as per the Dubai Land Department website.
My question is, what action can I take to cancel my SPA and get a refund?
Thanks



Jul 16, 2020
739
Laws & Regulations
3 available 3 • View allLaw No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 1
This Law establishes interim property register in which sale contracts, off-plan sales, and other off-plan legal dispositions of real property are registered prior to inclusion in the property register maintained by Dubai Land Department.
Aug 14, 2008
4828
Law No. (9) of 2009 Amending Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 2
The provisions of this Law supersede articles (2) and (11) of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.
Apr 12, 2009
3116
Executive Council Resolution No. (6) of 2010 Approving the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 3
This Resolution approves the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.
Feb 14, 2010
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