Questions & Answers
Refund for delay in possession of apartment and compensation
I bought an off-plan apartment in a tower in Dubai. 10+ years later, it still has not been finished and I have paid in full. Yet, they keep coming back to me and making changes and asking for more money.
The latest is about the size of my apartment. They are saying that it's bigger than what I agreed to and want me to pay more for the extra space.
In addition, they are asking for some electrical money, yet the apartment has not been finished. I feel they are asking for money that is not due. They send threatening emails for payment with no explanation.
As I have no knowledge about Dubai law and do not live in Dubai, I feel they would act differently if they had to speak to a knowledgeable person.
Dear Sir/ Madam,
Thank you for getting in touch with me on this.
Please note that the situation that you are facing is very common in the UAE and this is absolutely unjust upon buyers like yourself.
As per the UAE Federal Law, you have an option to approach the court to terminate the Sale & Purchase Agreement and claim compensation from the Developer for the delay in possession.
In your case, you may immediately send a legal notice to the developer drawing his attention to the clauses of the contract and federal law, and demand that they return your funds along with interest.
If you could email me the copy of your SPA, then I can advise you better as to the contents of the legal notice.
In my opinion, your avenues for filing a case and claiming compensation is open and you have a good claim.
You may get in touch with me on hari@alnassaradvocates.com or on +971 52 9495731 for further discussion.
Regards,
Hari Wadhwana
Dear Questioner,
With reference to your inquiry, kindly be informed that, as per the given info, you shall have the right of rescinding the Sale & Purchase Agreement "SPA" previously entered into, by and between yourself & the Developer.
However, reviewing the said SPA is a must for the purposes of rendering the proper legal consultation, as well as illustrating the strategy we envisage for finalizing the entire matter for good.
Please forward the SPA to me, and I will definitely revert back to you with my reply within due time.
Kind regards,
Sherif M. ElKhatib
+971 505050 835
