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Dubai, UAE

The developer failed to rectify the numerous leakages in the apartment, what to do?

Good afternoon,

I have purchased a property in Al Barsha (top floor). In spite of repeated reminders, the developer failed to rectify the leakages (numerous) in my apartment.

I had also notified this during DLP (Defect liability period). Can I refer my dispute to Rental Disputes Committee in Dubai Courts, even though there is an arbitration clause in the Sale and Purchase Agreement?

Appreciate your guidance on this.

Kind regards,

Kalpesh

Ibrahim Al Banna Advocates & Legal Consultants
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21 Oct 2020, 12:26

You should first get an official confirmation from Dubai Municipality about the defects and, then decide the next course of action.

If you are the owner of the property, then you can only file a case in the Rental Disputes Committee if there is a tenant against whom you have a grievance.

Arbitration is the only option.

Regards,

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