Questions & Answers
Can the developer cancel a purchased apartment after delay in handover?
Hello,
My father purchased an off-plan apartment from a developer in 2008 and paid nearly 50% of payments of the total approx. AED 1.2 million.
The developer promised to complete the handover within one year; however, the project stopped and was completed in 2018.
The developer sent us a notice demanding the remaining amount to complete the handover; however, the market value of the unit purchased has halved since the time of acquisition.
The developer has also canceled the unit through the property termination procedure in Oqood. My father has since passed away.
What are my options to dispute this and have the developer refund my father's money?
Dear Questioner,
Thanks for your inquiry and sorry for what we heard about your father.
Please provide us with a copy of SPA, completion letter, and any other emails and correspondences between you and the developer to our email so then we can review it first “free of legal charge”, and then let you know your legal status and the procedures that should be taken.
Thanks.
From what I read, I can advise that the heirs are entitled to receive 10 % of the purchase price.
The developer completed the project without any legal action before completion, the value is subject to market conditions and can be less or higher upon completion.
We can assist to receive your refundable amount.
Sayed
Dear Questioner,
Pursuant to the query, you have the right to claim compensation for the delayed project if there is a delay.
We need to see your contract to give you proper advice. Usually in the contract, there might have a clause that the developer has the right to delay the project from 1 year of the anticipated date of delivery.
If it is delayed even after that then you can definitely claim compensation and refund of money. In this case, we need to review the contract and discuss the matter in detail.
Kindly contact us on the phone.
Thank you.
Hello,
As per your query, please note that you can claim the money through litigation or you can contact Dubai Land Department for a refund.
Please call or e-mail us.
