Questions & Answers
Late fees and plot area discrepancy. What to do?
Good evening,
I purchased my off-plan property in 2017 and paid only 5% of the total value. After 6 months, I informed the developer via email that I no longer wish to continue with the purchase.
However, on 16/2/2023, I received a notification from the Dubai Land Department stating that I must settle my outstanding payments within one month.
My question to you is whether I am eligible to pay any late penalty fees, considering that the developer failed to complete the project on time.
Additionally, on my SPA, the plot area was stated as 3509 sq. ft, but upon measuring it, I found that it was actually less than 2400 sq. ft.
At the time of purchase, they charged an extra 200,000 AED, and are now counting late payment penalties at a rate of 1.5% per month.
Given these circumstances, what should I do?
Can you guide me? Also, how can I contact you in person?
Waiting for your kind reply.
Thank you!
Good morning!
It appears that you made two clear mistakes:
- Firstly, when you sent the termination email in 2017, you should have sent a copy of it to the Dubai Land Department (DLD) and filed your complaint based on that.
- Secondly, when you became aware that the developer did not hand over the project at the designated time outlined in the SPA, you should have filed a civil case against them to terminate the contract and claim reasonable compensation.
However, what is done is done, we have a chance to defend your position based on the discrepancy between the stated plot area of 3509 sq. ft in the SPA and the actual measurement of less than 2400 sq. ft.
Please do not hesitate to contact me personally via phone or email.
Have a wonderful day ahead.
Thank you!
