Q: The developer has communicated to me that the handover date has now changed to April 2024. I do not agree with the change of dates. I have paid 63% and I want my money back… A: You have a chance for a refund if the project is not progressing, let's review the agreement and project statutes first…

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Can I terminate the SPA of the off-plan property for delaying the handover two years?

The handover date for my off-plan property was due on the 30th of April 2022 the developer has communicated to me that the handover date has now changed to April 2024.

No reason was given. I have since contacted them stating that I do not agree with the change of dates and if they are unable to commit to the original date then our contract should be terminated.

I have paid 63% and I want my money back. The agreement says if the vendor cannot deliver on time I have the right to claim an interest-free full refund.

However, this clause excludes if this was due to an event of force majeure act by government authorities, God, labor disputes and failure of utilities, transportation of personnel or equipment; breach of contract by any sub-contractor, and any matter beyond the reasonable control of the vendor.

To date, no reason has been given, and I feel 2 years are not justified by any force majeure event. Will it stand in court to get my money back and make them pay the legal costs?

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Maryam Ali Saleh Hayyaz

Maryam Hayyaz & Wejdan Bushahab Advocates

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12 Apr 2022, 15:59

Dear O. B.,

What is the % of construction completed?

Please email us a copy of the agreement, and we will get back to you with the possible solutions.

Regards.

12 Apr 2022, 16:33

I’ve paid 43% and the construction is 7%.

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Abdelaziz Al Zaabi

Abdelaziz Al Zaabi Advocates & Legal Consultants

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12 Apr 2022, 15:59

As the handover date should be on 30/4/2022, that means that the developer has the right to extend it to 30/4/2023.

After this, you have the right to terminate the contract, and the force majeure rule will not be applied.

13 Apr 2022, 10:38

They are saying that the contract allows two delays, the first delay without a time limit and the second delay with a 12-month limit and this is the first delay so a cannot terminate the contract.

From what I can see the contract plays with words such as “estimated completion date” and “designated completion date” so they say that the first date of 30 April 2022 was only an estimated date and not the real date.

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