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How to get refund when the project is affected by a force majeure event?

Dear all,

In March of 2018, I entered into a contract to purchase a studio property from a developer. The handover was meant to be in April 2020. In August of 2019, they sent a notification that a fire had broken out at the site resulting in a Force Majeure.

In October of 2019, they sent a letter stating that they were in the final stages of getting approval from DDA to resume building. Now we are in 2022 and still, nothing has happened. They have advised that they are waiting for a court order to restart the work.

They stopped banking my installment cheques in September 2020 but by that point, I had already paid around 50%. I have tried everything to negotiate with them; I asked them to transfer me to another project knowing I will lose the DLD fees, refund me less their charges but nothing.

I would be most grateful if someone could help me to understand my options as I need the money back somehow if possible even with some loss.

Thanks!

MIO Law Firm (Abu Baker Salem Advocates & Legal Consultants)
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30 Jan 2022, 07:51

Hello,

The developer is not likely to give the paid money back. You can file a civil claim. However, we need to check the SPA clauses, in order to check the perspective of the case.

You can contact us via phone or email for further assistance.

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