Questions & Answers
Inability to handover an apartment to the buyer upon developer's delay. What to do?
Dear sir/madam,
I signed MOU to sell my apartment without using the DLD portal. It is vacant on transfer. I was expecting to receive my apartment from the developer but, as usual, they are behind on delivery.
I decided not to sell the property as I have nowhere to go. I offered the buyer 90,000 AED compensation, but the buyer insisted on 10% which amounts to 380,000 AED. I received a 7-day notarized warning to pay 10% of the contract.
To my knowledge, DLD will not accept MOU without using their portal. Will the civil court accept this type of case? Can I fight the case based under force majeure, because I use an electric wheelchair to move around (people of determination), and the new apartment when ready is too small?
The notarized warning letter stated that I received a deposit check, but I did not receive it. I did not provide a deposit check either.
Your opinion is highly appreciated!
Dear questioner,
With regards to your query, first, you have to reply to the legal notice that you have received and make an objection and explain what are the reasons for this matter.
Second, as they don't have a cheque against you, they can file a civil case to ask the 10% for breaching the contract. so we can make a defense on your behalf and make you out with this problem with minimal losses. but you need to file another case against the developer to terminate the contract regarding the delays or for compensation for your losses.
For more details, you can schedule a meeting or call.
Thank you!
