Questions & Answers
Legal steps of terminating a property SPA and getting refund for delay
In brief, I am based in Muscat, Oman and I have invested in an apartment in an off-plan project in Dubai back in August 2015. I was introduced to the project by a Broker which is a sister company to the Developer.
I have adhered to the clauses in the reservation form we mutually signed and paid almost AED 200,000 in total. The handover of the unit was supposed to be in June 2018.
Unfortunately, the construction hasn’t commenced until today and the developer refused to refund me, claiming that the project will be completed, which until today shows a 0% completion on Dubai Land Department's official website and Mobile app.
I have submitted an official complaint to Dubai Land Department back in October 2019 requesting assistance in obtaining a full refund.
I have managed to get a Statement of Deposits dated September 2020 from the bank where the escrow account is, showing the amount I have transferred.
Dear Questioner,
Since the developer has defaulted in the performance of its obligations, you can file a civil case to terminate the Sale and Purchase Contract if any signed, or on the basis of the reservation form before the court and ask for recovery of money paid by you, in addition to the interest of 9% on that amount.
I need to review the Sale and Purchase Contract if any signed, and reservation form to advise you properly.
Kindly send me a copy of the Sale and Purchase Contract and reservation form on my email so that I can review the same and advise you properly.
Please feel free to contact me if you need any further information, guidance or assistance in this matter.
Thanks
Dear Questioner,
Pursuant to the query, we can help you to file a case to recover the money as there is a breach of contract for the property not being handed over on the anticipated date.
Further, we need to know your matter in detail and need to see your contract to give you proper advice.
Kindly contact us on the phone to have a discussion.
Thank You.
As per your query, please note that since there is no completion from the developer, you must contact the Land department again and put a follow up compliant to your earlier complaint.
Also, please visit the Land Department to know about the project. Otherwise, it would be Ok to file the case but need to check the SPA and the clauses.
Kindly contact us via phone or email for further assistance.
