Questions & Answers
Variance in the carpet area between the SPA and design drawings
I purchased an off-plan property in Dubai, UAE. Later I found that the covered area in the Sale and Purchase Agreement (SPA) for the off-plan apartment is 25% more than the area calculated from design drawings provided by the developer.
I followed this with the developer for more than a year but they have refused to discuss until handover. I bought two apartments in the same building and both have the same issue.
Seems this is a widespread issue and the developer is deliberately charging 20%-25% more to buyers. I launched a complaint with DLD but they verbally asked me to go to the court.
Is this a fraud? Where should I launch my complaint?
Dear Sir/ Madam,
Thank you for getting in touch with me on this.
I understand that you are facing an issue of clear cut fraud by the developer as there is misrepresentation between the carpet area of SPA and design drawings.
Have you confirmed the design drawings from DLD to ensure that these layout plans are confirmed by the DLD?
If yes, then there is a strong case to litigate a civil and a criminal case against the developer.
As stated above, there exists a good case for misrepresentation and you should pursue this in Court.
Considering you are bearing the end liability of 20-25% excess amount, the courts will provide an adequate remedy for the same.
I advise that you email me the SPA, design drawings and other relevant documents pertaining to the case for better understanding and to enable me to advise you better.
I trust you will find the above helpful.
Regards,
Hari Wadhwana
052-9495731
