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Dubai, UAE

A claim to terminate SPA and claim refund for delay in handover

Dear Lawyers,

I need your advice about my situation below.

In 2018, I purchased a unit from a developer which they wrote on the reservation form that completion date is Q2-2019.

Therefore, I paid 24% including Oqood fees (approximately AED 109000) of the amount of (AED 534430) at booking. Then I paid 50% of the amount as mentioned in the reservation on time.

However, when I received the SPA, they changed the completion date to Q1-2020 which I signed as well. Now, the building progress is 45% and they mentioned that completion would be in Q2-2021.

Until this time, I did not receive the DLD registration and I need to know what is the best solution in this case. I have asked them many times about it but they keep ignoring me.

I do not think they will deliver even on the time they mentioned.

Is their a possibility to get my money back, or should I wait until Q2-2021 as they mentioned?

I appreciate your help.

Best regards

Premium
Al Safar & Partners Advocates & Legal Consultants
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14 Dec 2020, 16:39

Dear Client,

Good day!

We need to review the SPA to check the completion date.

If the completion date mentions very clearly that in 2021, then you have to wait for the completion date to be completed and notice period to be completed for you to launch action against them.

However, you have the right to file compensation case against them for delaying the project.

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

Thank you.

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