Questions & Answers
The developer did not issue the title deed and mortgaged the unit to a bank
I bought a property from a developer. We signed a sale and purchase agreement. The developer informed me that the title deed will be available by the end of the year.
Now the developer is not issuing me a title deed and as per research, the title deed is submitted to the bank and the loan is taken on that by the developer.
So I have two questions:
1. Is it legal to sell the property in Dubai even if this property is already mortgaged by the developer?
2. What case should I submit against the developer as they are not issuing my title deed?
I have a SPA agreement and a written contract mentioned that the title deed would be delivered by the end of the year?
Dear Client,
Good day!
Yes, you can sue the developer to ask for specific performance, asking for getting the title deed first.
Second, if they don't provide the title deed, you have the right to terminate plus a full refund plus compensation thereof.
For further assistance, please feel free to contact us via phone or email.
Thank you!
Dear Questioner,
You can also file a civil case for termination of the Sale and Purchase Agreement and claim full refund and compensation thereof.
Please contact us via phone or email for a detailed discussion and assistance in this regard.
Thanks!
