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What are our legal rights for a refund if the project is under cancellation?

Dear Sir/Madam,

I invested in a real estate project in Dubai that was supposed to be completed in 2021 but is still not completed and is showing under cancellation on the DLD website.

I have made a 55% down payment. The builder is not providing us with updates on the project, so we want to cancel our investment.

When we asked them to cancel our booking, they said they would deduct 10.31% of the property price, which includes 4% DLD fees and 6.31% agent commission.

What are our legal rights for a refund if the project is under cancellation?

Also, the DLD fees were waived during booking, but now they are asking us to pay them.

Please advise!

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Shamsa Albedwawi Advocates & Legal Consultants
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15 Aug 2023, 09:57

Hi,

If the project is under cancellation, you are entitled to receive the entire amount you have paid so far.

We can assist you with the same.

You can contact us via email.

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Dar Al Haqooq Legal Consultancy
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15 Aug 2023, 10:09

Dear Client,

Thanks for your question! I hope you are doing well. I will definitely assist you in this matter.

Generally, developers are required to adhere to the terms and conditions stated in the sales and purchase agreement.

If the project is not completed as promised, there might be provisions for refunds or compensation.

However, it can be complex and depends on factors such as the stage of the project, the contract terms, any regulatory changes, and other circumstances.

Regarding the DLD fees and agent commission, it's important to verify if these charges were indeed waived during the booking and whether the developer can now impose them.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will definitely be happy to help you.

Thanks & Regards,

ABDUL WAHIED

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KHE Legal Consultancy
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16 Aug 2023, 07:32

Dear Questioner,

If the signed document has mentioned anything about the DLD fee or any other charges, then you have to pay, otherwise, you are not obliged to pay anything more than the amount as charges mentioned in your agreement.

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