There are multiple cases when people face delays in the handover of the property. There are many options available for investors who face such scenarios. There are multiple legal options available for delays in handover, but it mainly depends upon the terms and conditions mentioned in the contract. Many such issues have been raised in the courts of Dubai and all over the Emirates.
If the handover is delayed even after the grace period without any valid reason, then the purchaser has the right to take any legal action and claim the compensation as mentioned in the contract. If the handover has been delayed because of unavoidable circumstances (Like natural disaster) and factors out of control, then the purchaser won’t be able to terminate the contract or claim any compensation for the delay.
Dubaidebtrecovery.com has vast experience over the years to resolve the delayed actions in handing over the property. Our highly trained and specialized team of associate lawyers try to resolve the conflicts amicably, efficiently, and successfully.
Legal Options Available for Purchaser if Developer Fails to Perform Duties
According to the law, the purchaser has the right to terminate the contract if the handover is delayed after the grace period mentioned in the agreement. It is advisable to look into the terms and conditions of the contract before taking any legal action. Some of the common reasons for delays can be:
● The developer is incapable to perform the duties
● Failure of consideration by the developer
● Not fulfilling the obligations as per agreement on behalf of the developer
Claim for the Compensation for Delay
The purchaser can claim compensation if those conditions are mentioned in the contract. The purchaser must prove that the delay from the developer end has caused him/her substantial loss to the purchaser or property. The courts of UAE provide protection to the purchaser and may decide in favor of the purchaser if the delay is more than 2 years. According to the laws of UAE, the purchaser can claim compensation for the amount paid for the following:
● Fees Paid to Agent
● Security Deposit
● Any Additional Charges
● Any Other Amount Accrued
Other Available Options for Property Delays in UAE
Dispute Resolution: The alternative dispute resolution is one of the most suggested options which are advised to the purchaser. The property dispute can be solved by the legal assistance of dispute resolution lawyers and dispute resolution plans. Dubai Land Department (DLD) can take the case. The team from DLD will access all the records of development all over the Emirates. They may formulate an expert team to resolve the dispute between parties and they will handle all the concerns of both parties. The decision made by the Dubai Land Department will be considered binding for all parties.
Legal Options for Developers in case of Breach of Contract from Purchaser
The law provides justice and protection to both parties. There are legal options available for developers as well if the purchaser does not follow the contract. The available options are:
● The developer must inform DLD in case of any breach from the purchaser.
● The DLD will notify the purchaser to complete the obligation as per the contract.
● As per law developers have the option to terminate the contract or seek any remedy for the completion of the project.
● The developer has the right to continue the project while retaining the money that was given to him/her.
● The developer can request DLD to auction the project and collect any outstanding payment.
It is important to note that the Real Estate Regulatory Authority (RERA) can cancel the project if it goes against the laws and rules set by the Dubai Municipality. Department in Dubai deals with property issues.
Dubai Land Department (DLD)
DLD deals with all types of property-related issues as they have a complete record of all properties and projects. They are the ones who can help developers and purchasers regarding any disputes related to property matters.
Penalties for Delay by Authorities in Dubai
The authorities have the right to impose penalties for reasonable delays in the project whether the date of completion is mentioned in the agreement or not.
If the purchaser feels dissatisfied with the performance of the developer, the purchaser can sue the developer for poor performance. The property lawyer has to be hired who will access and review the contract and any specific situation faced by the purchaser. After that further legal action will proceed if required.
If you believe and you are in such a situation where you are facing property issues it is suggested to avail the services of property lawyers. Our property expert lawyers can help you to review the contract and act accordingly. We deal with all types of property-related issues and deliver outstanding and high-quality results.