Questions & Answers
Questions & Answers
6 available 6 • View allThe right decision upon handover delay by a developer

1
Q: Background:
1. SPA was signed in March 2014. Original delivery Date Jan 2017. SPA permits 1yr delay.
2. I have made 35% on account payment. 65% was due on handover.
3. I completed snagging Q3 2019 and de-snagging last week (Post Jan 29, 2020)
4. Received handover letter in Dec last week 2019 to settle 65% by Jan 29, 2020.
4. I have been requesting/discussing since early Jan 2020 to provide me a discount/compensation for a 2-year delay and settle the net payment. Discussions are still in progress with no end date in sight.
My Questions are:
A. How to proceed?
(i) Should I make 65% payment 1st and then seek delay compensation?
(ii) Make on account payment after netting off my expected discount amount?
(iii) Continue to wait for the developer to provide me the discount amount?
(iv) Explore cancellation of the contract and seek a refund of 35% along with interest?
Thanks!


Feb 7, 2020
278
Seeking compensation or cancellation for delay in property delivery


15
Q: I've purchased an off-plan property in Dubai which was due for handover in Dec 2017 but still incomplete (approx. 80%).
70% has been paid from a purchase price of 1.8 million. Am I entitled to compensation for the delay or can I cancel the purchase in its entirety?
Thanks



Jan 23, 2019
14755
Claiming 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
624
Can you hold the payments to developer because of delay in the completion?

0
Q: I am being asked by a developer to pay the remaining 50% of the investment for an apartment by the 15th of Sept., even though the property is still not a full-on construction site (92% according to the developer).
The earliest the building completion certificate will be issued is 1st October. When is the absolute latest I can pay the handover money without being penalized for it and how do I communicate this with the developer.
How much money am I allowed to withhold for the snagging, de-snagging + in case of any handover delays... etc?
My finances are currently very tight and I cannot afford to pay the handover while I am still having to pay rent elsewhere.


Sep 12, 2021
542
I seek to cancel a purchased property and get refund for delay in handover
0
Q: Dear Advocate Sweta Singh,
I am from India and in Sep 2018, I purchased an apartment in a hotel. The hotel has not been completed and the delay is more than a year.
They have not paid any compensation as per the contract, nor do they talk about it. I have paid more than 80% in installments and paying it regularly.
Please help me, guide me on how to cancel the deal and get a full refund, or any other way which helps me recover my investment.
Regards

Mar 9, 2022
339
What are our legal rights for a refund if the project is under cancellation?


1
Q: Dear Sir/Madam,
I invested in a real estate project in Dubai that was supposed to be completed in 2021 but is still not completed and is showing under cancellation on the DLD website.
I have made a 55% down payment. The builder is not providing us with updates on the project, so we want to cancel our investment.
When we asked them to cancel our booking, they said they would deduct 10.31% of the property price, which includes 4% DLD fees and 6.31% agent commission.
What are our legal rights for a refund if the project is under cancellation?
Also, the DLD fees were waived during booking, but now they are asking us to pay them.
Please advise!



Aug 16, 2023
284
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
4819
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
3112
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
5118

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I seek to cancel a purchased property and get refund for delay in handover 0
Dear Advocate Sweta Singh,
I am from India and in Sep 2018, I purchased an apartment in a hotel. The hotel has not been completed and the delay is more than a year.
They have not paid any compensation as per the contract, nor do they talk about it. I have paid more than 80% in installments and paying it regularly.
Please help me, guide me on how to cancel the deal and get a full refund, or any other way which helps me recover my investment.
Regards
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Is it possible to apply a will issued in South Africa in the UAE? 0
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How can we access the bank account of a deceased person? 0
My uncle died 2 weeks ago in one of the private hospitals here in Dubai.
We have already completed everything regarding the repatriation of his body with the help of his employer and his remains are already sent back to our home country last week.
He used to give me an access of his ATM card before and I tried to access it just few days ago and I found out that there is some amount of money left on his bank account.
I am aware that he has some pending bank loan requests before he died, so I am afraid that amount might be the reason of such big amount.
Being the only family member of my deceased uncle, what should I do in order to make sure that the amount is from his savings and not from his bank loans?
In case the amount is proved to be his own savings, is there any chance for me to get the authorization to claim that amount from the bank to be used by his family?
He has a wife with 3 kids back home.
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Feb 10, 2022
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