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Requesting only compensation instead of contract performance in a real estate case?

Dear Sir/Madam,

In our real estate case, we've requested contract performance followed by compensation.

4-5 months later, an expert was appointed, and during a hearing, the defendant stated on record that he isn't willing to sell to us.

We urgently need to buy a house, but the case is dragging. Is it too late to change our request from contract performance to compensation only, considering he isn't willing to sell anyway?

Or can the court still force him to sell to us?

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Jassim Ali Al Haddad Lawyers and Legal Consultants
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20 Mar 2024, 04:20

Dear Questioner,

The court generally has the authority to enforce a party's contractual obligations.

However, in your particular situation, you are entitled to cancel the contract and receive a refund of the amount paid, along with compensation, as long as the case has not been set for judgment.

Please contact us via email or call our offices in Dubai or Sharjah.

Jasim Al Haddad Law Firm

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London Center for Legal Consultancy Office
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20 Mar 2024, 05:12

Dear Questioner,

We are pleased to respond to your consultation.

You can still change your application from contract performance to compensation only in your real estate case, even after hiring an expert and holding hearings.

Here are some important points to consider:

- Appointment:

There is no specific time limit for changing your applications in real estate issues in the UAE. But it's important to act quickly. The longer the case goes on, the harder it is to change your order.

- Reason for change:

You must have good reason to change your order from contract performance to compensation only. In your case, the reason may be the defendant's refusal to sell to you or may be due to other circumstances such as changing your needs or significantly delaying the case.

We are here to support you legally.

For further inquiries about your topic, you can reach our office or contact us via WhatsApp or email.

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