Questions & Answers
What to do when the developer is late in delivery and asking for payments?
I booked an apartment in a building under construction.
I paid as per the plan but the developer couldn't complete it in time for about 2 years and it remained under cancellation as per the DLD site.
Then they restarted construction and now they have completed 70% of the project and up till now more than 3 years late.
Now, they threaten to give them the remaining payment and we want to cancel the next payment due at the time of handover as per the agreement.
Please advise what should I do and what is my legal position
Dear questioner,
As the developer has defaulted on its basic duties by delaying the handover of the property, therefore you have full rights to terminate the mutually signed SPA and ask for a full refund of your investments along with compensation for delay in handing over of the property
Kindly contact us directly on the phone or by email for a detailed discussion.
Dear Questioner,
Have a nice day!
As the developer didn't finish the construction on time and there is a delay on their side, and as you said that the construction is still 70%, this means that it is not yet finished by 100%.
So you can file a case to terminate the contract and to refund your money.
With regards to your query about stop paying, as per UAE law, you have the right to stop the payment as there is a delay from the developer in doing their work.
If you want to avoid filling a case, you have to pay the remaining balance and take over the apartment. Then you can file for compensation case for the delay.
For more details, please contact us through our email or Whatsapp no. It's our pleasure to meet you and discuss further regarding this matter.
Hello,
As per your query please note that since the project once was in the cancellation for DLD, hence as per the agreement, if there is a delay in handover, you can claim through court both the termination and the delay.
However, as there is a handover, so it is better to do the payment plan with the developer.
Please call or e-mail.
Disclaimer- The above-referred view is not a legal opinion, these opinions cannot be challenged or presented before any court of Law.
