Questions & Answers
Are property developers allowed to delay handover due to force majeure?
Hi,
The ACD mentioned in my SPA is October 2019, the developer further delayed the project to Feb 2020 and later again delayed to September 2020.
In August the developer delayed the project citing force majeure clause mentioned and said delayed due to force majeure and delayed it to December 2020
The clause mentioned in the SPA says either party has to inform about the force majeure within 30 days of the force majeure but developer informed only in August.
Can I claim compensation from the developer?
Legally, they are allowed to delay up to 12 months but can I claim compensation from October 2020 till date? The building completion certificate has now been issued.
Dear Client,
The compensation claim can be filed. However, we need to review the agreement, notices and correspondences before providing you with sound legal advice.
We can offer you a 30-minute free consultation. You may send an email with a request for the aforesaid meeting. Kindly do refer to this chat while responding.
Looking forward to hearing from you soon.
Regards,
Aparna Shan
Al Safar and Partners Advocates and Legal Consultants
Dear Questioner,
You can file a case and claim compensation from the developer.
Further, we need to review the terms of Sale and Purchase Agreement, notices and emails received from the developer in this regard before providing you with appropriate legal advice.
Please send me a copy of all relevant documents and SPA on our email so that I can review the same and guide you with the next steps.
Thanks
