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The right to terminate a property SPA for project delay in delivery

I purchased a property in March 2018 with a completion date of March 2020 with (60/40 payment plan). I have paid 60% of payments; however, the project is only 32% complete. The developer is giving reasons for the delay like:

a) Fire Incident

b) Covid 19

c) Main contractor safety violations

In the current scenario, it looks impossible that he would be able to deliver even by March 2021.

What are my legal rights against the developer and how I can be compensated for my investment?

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Mahmood Bin Jaber Advocates and Legal Consultants
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10 Nov 2020, 07:51

Dear Questioner,

We need to review the Force Majure clause, and other relevant provisions of the SPA signed to advise you properly.

In general, you have two options.

1. You can file a civil case claiming compensation on the grounds of delay since the delay is a breach of the contract from the side of the developer and real estate company.

2. You can file a case to terminate the contract from the court and the recovery of all the payments that you paid, in addition to the legal interests on that amount until the completion of payment. These interests are estimated at a maximum of 12% of the amount of the judgment.

You can send us a copy of the SPA at our email so that we can review the same and advise you properly.

Thanks

Sunil

Aceptive Legal Consultants
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10 Nov 2020, 08:55

Dear questioner,

We need to review the mutually signed SPA in order to assist you properly.

Normally, the developer has the option to delay the handover of the property up to 12 months from the estimated completion date.

If this clause is mentioned in your SPA, then it's better to wait until March 2021 before initiating any kind of legal action against the developer.

If need be, kindly contact us bu phone or email for further assistance.

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Al Safar & Partners Advocates & Legal Consultants
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21 Nov 2020, 13:59

Dear Client,

Good day!

Please provide us with the sales and purchase agreement for us to review.

You do have the right to terminate and get a refund and compensation thereof, but we need to review the sale and purchase agreement to confirm our legal advice.

For further assistance, please feel free to contact us on our phone or send an email.

Thank you.

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