Questions & Answers
What can you do when the developer delays the property handover date?
Good morning,
I have a question in regard to delayed property handover.
In March 2019 I deposited 5% of the property value and signed the reservation form which stated the unit price (736,000). I was promised (verbally) that the handover will be in August 2019.
A couple of months later, I received the SPA which stated the same price and the new completion date which was set in February 2020. I refused to sign until they changed to the agreed date.
2 years after this date, I paid 20% of the unit price in total and I am refusing to pay the 5% left as agreed in the reservation form.
I met with the developer more than a year ago (October 2020) and he said he will reduce the price of the unit. But when I went to sign the SPA again, the unit price was the same and the completion date was left blank to which I have refused to sign again.
I received the handover notice today (7 days later than stated), the developer doesn't respond. What can I do?
Thank you in advance.
Dear,
As per the contract, the developer was obliged to hand over the property in time.
In addition, you should pay the agreed price which is written in the contract, however, if the developer failed to fulfill his obligation you can sue him.
I need to review the contract for further clarifications.
Please share it via WhatsApp.
Thank you
Hi,
Since you received the handover notice, it means that the project is completed, and if this is the case, the developer can forfeit the amount paid through DLD.
Your silence without legal action till the date of completion may be read as acceptance towards the extended completion date and I recommend either to pay and take over or to settle amicably with the developer.
Regards
Sayed Abdalla
