Monday, October 4, 2010

Problems with real estate agent in Dubai

If there's breach of contract, buyer of flat can file a case

I purchased a flat in 2007 from a developer through a real estate broker and paid 50 per cent of its cost as the purchase agreement stipulated. Work on the flat was supposed to be completed by May 2010. To date, however, only 70 per cent of it has been done. This means that the project may be delayed for more than a year. The other problem is that the size of the flat, which was agreed in the purchase agreement, is now different. The purchase agreement stated that would be 2,000 square feet and the size of the current flat is just 1,500 square feet. 
Is there any possibility of terminating the contract due to the size difference, and especially since it’s not sufficient for my needs because I bought it for residential and business use? 
Regarding the problem of the delay, the agreement states that the maximum extension is only six months.
Is it possible to file a case against the developer and the real estate broker and how can it be proved that the developer has not met the agreed completion date?
The person writing may file a court case against the real estate broker and the developer to cancel the agreement and ask for the amount paid to be given back and also for appropriate compensation, due to the developer reneging on the agreed size. This is considered a breach of the contract. In addition, the fact that the developer has failed to hand over the flat is grounds for cancellation. Therefore, the person posing the question should hire a lawyer who can prove lack of commitment by the developer and violation of the purchase agreement.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.