Questions & Answers
Questions & Answers
3 available 3 • View allHow to terminate the SPA of a property and claim refund for delay

1
Q: I have purchased an off-plan property from a Dubai based developer. The project is delayed and not yet completed and the DLD App is showing 85% progress.
As per the SPA, handover date is Q2/2018. I've sent 2 delay notices already during the last years, to the developer as per the SPA.
The developer verbally informed me that the Building Completion Certificate is planned in November and completion notices due on December 2020. This cannot be trusted as last year they informed the same.
Further, the developer's agent is just saying now I can't terminate the SPA since the progress achieved is more than 85% - as per the UAE property Law. This is not in line with the SPA as per my understanding.
40% of the apartment amounts are paid timely and in full together with 4% DLD Fees. Balance 60% is due only at the handover.
Currently, I want to terminate the SPA and obtain a full refund. Please advise legally how to take action on this requirement?
Thank you and waiting to hear from you.


Oct 13, 2020
643
Terminating an SPA due to a delay in a project for 24 months

1
Q: Seeking legal advice to terminate SPA due to a delay in the project for 24 months.
I have purchased 2 apartments from a developer.
Details of the project as per the signed SPAs:
- 30% paid on time, 70% to be paid on handover.
- Expected handover: 1-Apr-2019, Longstop: 1-Apr-2020.
The Developer sent an email on 17-Mar-2020 saying that the new completion date will be September 2020 & October 2020 respectively for both apartments due to Covid-19.
I met the developer on 2-Nov-2020 informing them that both apartments have not been delivered in September 2020 / October 2020 and asked for refunds.
They flatly refused to refund saying that it is not possible and Dubai Court will favor their case due to COVID-19 if I decided to approach Dubai Court.
On March 31, 2021, they sent the handover notice for 1 apartment.
Question:
Do I have a winning case if I filed to court to return the paid amount?
I can provide the signed SPA if you need to review the terms and conditions of the signed SPA.


Apr 24, 2021
397
Failing to pay off-plan property instalments and terminating SPA
3
Q: I have booked a unit under construction with a developer 3 years ago. I paid 30% during construction and 70% was due since Jan this year.
When I booked the unit, my plan was to get financing from a bank to cover 70% payment because I was working with a semi-government company.
But I lost my job and my credit score went low due to defaulting on financing payments and I could not get financing from the bank.
I have contacted the developer asking them for refund or change of payment plan but they give me instalment plan for 5 years and increased the price which I cannot go for.
I am not in a stable situation with my current job and the company gave me 3 months unpaid leave because of Coronavirus situation.
The developer completed 100% construction and they sent me a building completion certificate in Jan this year and now they are calculating 3% late payment fee every month as per SPA.
Now I do not have any source of income. Can I get refund from developer so I can cover my expenses?

May 5, 2020
2207
Laws & Regulations
3 available 3 • View allLaw No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 1
This Law establishes interim property register in which sale contracts, off-plan sales, and other off-plan legal dispositions of real property are registered prior to inclusion in the property register maintained by Dubai Land Department.
Aug 14, 2008
4868
Law No. (9) of 2009 Amending Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 2
The provisions of this Law supersede articles (2) and (11) of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.
Apr 12, 2009
3146
Executive Council Resolution No. (6) of 2010 Approving the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 3
This Resolution approves the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.
Feb 14, 2010
5162

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