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In case of property handover delay, on which basis is it recommended to file a compensation case?

Hello.

As per your practice, which option has a higher success rate in court cases related to apartment handover delay:

- 1. Compensation based on the RERA index (loss of income from leasing an apartment), or

- 2. Compensation based on actual rent you paid while waiting for your apartment to be handed over?

Option 1 has a higher compensation amount but have doubts if it looks strong as proof.

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Ibrahim Al Banna Advocates & Legal Consultants
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27 Oct 2023, 05:24

I would need to review your SPA to confirm.

It depends on your plea supported but the proper argument in your petition to justify your damages.

27 Oct 2023, 05:25

Feel free to reach out to me by phone.

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Dar Al Haqooq Legal Consultancy
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27 Oct 2023, 06:34

Dear Client,

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

The success rate in apartment handover delay cases in the UAE depends on various factors. Both compensation options have potential, but evidence is important.

Option 1, The RERA index offers higher compensation but requires evidence of intent to lease.

Option 2, based on actual rent paid, relies on documented payments. Strong evidence, such as lease agreements and communication records, is vital for success.

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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27 Oct 2023, 11:55

In general, compensation based on actual rent paid is more likely to be successful in court than compensation based on the RERA index.

For further clarification, we can arrange a legal consultation for a charge.

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