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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi paid 50% of cost AED 1,200,000 for a 2 bedroom apartment

Customer Question

Hi paid 50% of cost AED 1,200,000 for a 2 bedroom apartment on the top floor of (Stadium point Dubai sports city) in 2005/06.The development is still only on the foundations after
nearly 7 years.A new developer has taken over and is moving me from the top floor to another floor as 2 or 3 floors have been canceled. Have i got any grounds for the return of my money paid to-date ?
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

Alex Watts :

Does the contract have a clause for termination or cancellation please?

JACUSTOMER-sfm5fuo4- :

the contract has a termination provisions which seem to cover only if i cant complete.

Alex Watts :

Did the contract set out provisions for completion times?

JACUSTOMER-sfm5fuo4- :

31 jan 2008 which may be extended by 6 months , the original developer has gone burst and there is now a new developer

Alex Watts :

I see. In terms of the new developer was there a new contract?

JACUSTOMER-sfm5fuo4- :

no not yet

Alex Watts :

Have you paid the new developer anything?

JACUSTOMER-sfm5fuo4- :

no

Alex Watts :

And did you make a claim against the old developer? Does he/they own any assets?

JACUSTOMER-sfm5fuo4- :

no claim old developer completely out of the picture

Alex Watts :

In law you are able to cancel the contract because there has been a significant breach.

Alex Watts :

Ordinarily you would be able to sue for breach of contract in terms of the old developer as you have a contract with them.

Alex Watts :

However sadly you have no contract with the new developer and that means they are no way responsible for any loss of the previous developer.

Alex Watts :

Whilst I am of the view you can cancel, I am sorry to say any money you have paid would be lost if you wanted a refund, unless the new developer would want to do that, but I doubt t

Alex Watts :

doubt he/they would.

Alex Watts :

Property is an investment and indeed a risk, but this time the developer has gone bust and you would only have a claim for against that old developer, now the new one.

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-sfm5fuo4- :

what about the fact i bought a top floor apt and i am being moved to another lower floor

Alex Watts :

That is a claim against the old developer as you have no contract with the new one.

Alex Watts :

I am sorry. Does this answer your question?