Questions & Answers
Questions & Answers
3 available 3 • View allClaiming compensation and full refund due to delaying property handover


2
Q: Hi,
I need advice.
I have purchased a property that is still under construction.
Payment terms were 40% during construction and 60% on handover. I have paid 70% (not mentioning developer name here).
As per SPA, the handover was supposed to be Dec 2018 and it has been delayed for over 15 months. Expected possession is by end of the year.
I would like to know about the chances of getting compensation for delay (mainly covering potential Rent loss or Interest cost) or I would like to terminate the SPA and receive whatever I have paid.
Can someone please advise what is the average fee to the lawyer and court expenses?
Litigation expenses: Will it be payable by the developer in case the court ruling is in my favor?
Thanks!



Apr 1, 2021
629
Recovering all payments after delaying property delivery twice

2
Q: Dears,
I've purchased an off-plan property in Dubai in 2016 which was due for handover in Dec 2017 but still incomplete (approx. 80%).
70% has been paid from a purchase price of 1.35 million. By contract, I am entitled to 8% compensation from the amount already paid since the end of 2018 (sunset).
Early this year, I signed an amendment with updated payment terms with new sunset at the end of 2020. As of January 1st, am I entitled to cancel the purchase in its entirety and recover all payments done?
Thanks and regards,


Dec 15, 2020
333
Can you sue the developer after failing to hand over property beyond grace period?

0
Q: Dear, good day,
The developer failed to hand over the project by Mar 2020 as per the SPA. Installments were paid on time, he is in dispute with his construction contractor.
He wanted to change him since there was a fire at the construction site, however, the authorities granted permission to resume construction after the investigation is finished last year.
The developer still to this date failing to terminate the defaulted old contractor and appoint a new construction contractor which is causing a delay.
I have requested termination of SPA and claimed a refund but was declined. The project construction is still around 30% since more than 15 months where it should be 100% back in Mar-2020.
There is a clause in SPA to grant 1 year and 90 days (remedy period), I have sent a written notice to claim a refund as per the contractual clause and time frame.
Could you please advise what are the steps and chances to push the developer to refund full amounts? Should I start with RERA first?
Thanks in advance.


Jun 20, 2021
765
Laws & Regulations
3 available 3 • View allLaw No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 1
This Law establishes interim property register in which sale contracts, off-plan sales, and other off-plan legal dispositions of real property are registered prior to inclusion in the property register maintained by Dubai Land Department.
Aug 14, 2008
4822
Law No. (9) of 2009 Amending Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 2
The provisions of this Law supersede articles (2) and (11) of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.
Apr 12, 2009
3113
Executive Council Resolution No. (6) of 2010 Approving the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 3
This Resolution approves the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.
Feb 14, 2010
5121

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How can we access the bank account of a deceased person? 0
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May you and your family be blessed.
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