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How to act against denying a swap agreement by the property developer

I bought a studio apartment in an off-plan project. It took two years more for completion of the project. I already paid 90 per cent of the payment. Now the building is about to complete.

I requested if there is any possibility of upgrading the apartment to 1 bedroom. I received a nice deal and swap agreement was signed and a post-dated cheque was given for the remaining amount.

Later, the developer is denying and informing us that it was a mistake and we should collect the cheque and the unit agreed cannot be given to you as the given discount was too much. We can again have our studio.

We want to know if the swap agreement stamped is valid, We have receipt of the remaining amount of payment.

Kindly advise.

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Colin Biggers & Paisley Lawyers (Middle East)
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26 Jan 2021, 14:08

Dear Questioner,

We can file a civil case against the developer on the basis of the swap agreement mutually signed by the parties and request for specific performance of the swap agreement by the developer.

Kindly send us a copy the swap agreement and all relevant documents relating to the subject matter on email so that we can review the same and provide you with appropriate legal advice on the next steps.

Thanks

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Al Fahad Legal Consulting
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26 Jan 2021, 14:11

Dear Questioner,

Please let us know the following:

When the swap agreement was signed for the new one, did the developer or his representatives sign this new agreement?

If yes, please provide a copy of it to us in order to review it on our email so that we can give you the relevant legal advice.

Thanks.

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