Questions & Answers
Questions & Answers
3 available 3 • View allTerminating the SPA of an off-plan property when the project is almost completed
5
Q: What is a probability to terminate an SPA with the developer in Dubai through the court if:
1. ACD was Q1 2017 + 12 m
2. Based on inspection of 02/2019, the project is complete over 93%
3. It is possible that the project may complete before or during the claim process but it is also possible that the project may be delayed further at least for months
4. According to the SPA, “the Seller shall not be considered to be in default or in breach of its obligations … to the extent that performance of such obligations is prevented … due to Third Party delays … or because of the time extension given to the Main Contractor by the Consultant Engineer .. for reason whatsoever”.
Although it is likely that the delay has been caused by the Seller or due to reasons within its control (e.g, delaying payments to the Contractor), how can the Claimant access such evidence and does it matter given points 2-4?

Sep 3, 2020
796
The right to terminate SPA and ask for refund after delay in handover


0
Q: Hi everyone,
I have bought a studio apartment, it was supposed to be ready by the 2nd quarter of 2018 but until now, just 54% is completed as per RERA.
I have made payment as per the payment plan 30% + DLD 4% already paid and 70% upon handover.
Can you tell me if it's possible to cancel it and take the amount back or compensation?
As discussed with the developer, they denied compensation and mentioned that we are in a remedy period. What should I do in this case?
Thanks



Oct 20, 2019
314
Terminating an off-plan property agreement due to the delaying of SPA or Oqood issuance
2
Q: Hello,
I have purchased an off-plan apartment in Dubai last year. I paid the deposit, Oqood registration fees, and have been paying all installments on schedule toward’s the developer's Escrow Account.
However, the developer is delaying issuing SPA or Oqood till now with no valid reason. Even though, they had me sign the SPA from my side on the promise that they’ll sign it after me and attest it from DLD.
It’s been more than a year now, I’ve been asking for either SPA & Oqood or a refund of my money, yet the developer simply replies with “it’s under process”.
I would prefer now to just terminate the agreement and get a full refund of my payments. Is this possible?
Appreciate your advice.
Thanks!

Oct 12, 2020
1341
Laws & Regulations
3 available 3 • View allLaw No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 1
This Law establishes interim property register in which sale contracts, off-plan sales, and other off-plan legal dispositions of real property are registered prior to inclusion in the property register maintained by Dubai Land Department.
Aug 14, 2008
4863
Law No. (9) of 2009 Amending Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 2
The provisions of this Law supersede articles (2) and (11) of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.
Apr 12, 2009
3145
Executive Council Resolution No. (6) of 2010 Approving the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 3
This Resolution approves the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.
Feb 14, 2010
5156

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