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Dubai, UAE

The right to terminate SPA and claim refund & compensation for delay in handover

Hello,

I bought an apartment in Dubai and made payment installments based on progress. In total, I paid 50% of the price.

Per the SPA, the anticipated completion date is 31/12/2019 and till now the project is not complete and it will take at least another 12 months. The developer has a grace period of 12 months which has already expired.

The force majeure clause is very short and doesn’t indicate any specific cases of FM situations.

I would like to terminate the contract and recover the 50% down payment plus compensation for damages caused by the delay.

Please provide input on the merit of my case and let me know how I should proceed.

Thank you

MZ

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Colin Biggers & Paisley Lawyers (Middle East)
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24 Aug 2021, 04:53

Dear Questioner,

We could certainly claim compensation for the delay, and we would only be able to provide you with appropriate legal advice once we review the SPA.

You can contact us on our phone to discuss this in detail.

Regards.

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Abdelaziz Al Zaabi Advocates & Legal Consultants
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24 Aug 2021, 05:26

Dear questioner,

It’s true that you have the right to terminate the contract and refund your money.

But this matter is related to the SPA which needs to be studied for all terms & conditions and the jurisdiction... etc.

Kindly don’t hesitate to contact me by phone.

Aceptive Legal Consultants
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24 Aug 2021, 05:37

Dear questioner,

You have full rights to terminate the mutually signed SPA and ask for a full refund of your investments, along with compensation, as the developer has defaulted on its basic duties by delaying the handover of the property.

Kindly contact us directly on the phone or by email for a detailed discussion.

24 Aug 2021, 11:00

Thank you for the quick response. I will contact you on 0547929801 to discuss further. Regards,

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