Delayed Development ? Whats The Legal Position ?

[wahid121]

I am fed up with my developer,I bought a studio way back in april 2006 which should have been completed in April 2008, but I understand it has yet to start (Global Garden View phase III in IC)
Developer is blaming the delay on the master developer (Nakheel), and is not prepared to offer any compensation other than refund the monies paid to him, so he can remarket at 30% more.
The developer is now not reponding to any email queries, from me, can anyone advise any legal service in dubai who deal with these sort of issues ? or if anyone can advise what steps I should take up as the developer is not responding at all.
Thanks. wahid

[DoBuy]

Contact RERA see what they say.Phone the developer dont email.It could be true that the delay may be down to Nakheel releasing the land late.The've done that all over Jum Village.

[dpc]

Most contracts in Dubai actually have a clause that allows the developer to finish beyond the estimated date. Its ridiculous, the clause for my properties clearly allows them to finish when they want. This is now the norm for all properties in Dubai. Developers cover themselves. To be fair, most of them are not to blame as often its the master developers who release the plot to builders late.

[mpat]

All the projects are running late in dubai , due to delay in hand over or due to manpower crises or whatever, its normal and shuold be understood,What you can do is ask them to give you an adjustment in the payment plan if you ve not paid up all by now.If possible visit the site and try to figure out wht is the latest development, I think it wont be wise to get back the original moey , rather u can sell it in resale with less premium.

[wahid121]

Thanks for the replies, but lets get real !!!, Firstly, I have no sympathy for developers in Dubai, I expect many of the members here as well, most of them mislead you, take advantage of soft regulations & if you are living overseas will give u poor or non existent customer service.
The replies I have received insinuate that it is not the fault of the developer, to accept delays as a norm in dubai.
In my case, I am not holding the developer responsible for the delay, but I hold the developer responsible for giving a invalid date of completion, in order to secure a sale. How is a developer able to give a date of completion in a certified contract, when he has not got all the permissions, plans, approvals in place ? why because they are greedy and wish to secure sales ? Developments which are delayed due to natural causes, are acceptable delays, but my major point is a developer who has sold the apartments years ago without having secured the land & approvals, has falsly mislead potential buyers into buying. So all the members whose developments are delayed, read your contracts, the developer has a responsibility to give a date of completion based on the plans, approvals which should be in place, not give a date to secure sales.
On top of that, the service ??? they will be nice & make you feel important, insinuate that they will personally take care of your problem or issue, make u feel good & at ease with your investment, give u a sense that you are an important customer, my friends message is GET REAL !!! ITS ALL CRAP !!!! Thats why as a UK citizen, I put this thread, to see if anyone or maybe a dubai based solicitor has any views on this issue, since I am not receiving any feedback from my developer, I would appreciate any feedback, especially any ideas of possible actions I can enforce on my developer, due him misleading me on the completion dates, which are stated in my contracts.
Thanks,,, Wahid

[dubailover]

Originally Posted by wahid121

Thanks for the replies, but lets get real !!!, Firstly, I have no sympathy for developers in Dubai, I expect many of the members here as well, most of them mislead you, take advantage of soft regulations & if you are living overseas will give u poor or non existent customer service.
The replies I have received insinuate that it is not the fault of the developer, to accept delays as a norm in dubai.
In my case, I am not holding the developer responsible for the delay, but I hold the developer responsible for giving a invalid date of completion, in order to secure a sale. How is a developer able to give a date of completion in a certified contract, when he has not got all the permissions, plans, approvals in place ? why because they are greedy and wish to secure sales ? Developments which are delayed due to natural causes, are acceptable delays, but my major point is a developer who has sold the apartments years ago without having secured the land & approvals, has falsly mislead potential buyers into buying. So all the members whose developments are delayed, read your contracts, the developer has a responsibility to give a date of completion based on the plans, approvals which should be in place, not give a date to secure sales.
On top of that, the service ??? they will be nice & make you feel important, insinuate that they will personally take care of your problem or issue, make u feel good & at ease with your investment, give u a sense that you are an important customer, my friends message is GET REAL !!! ITS ALL CRAP !!!! Thats why as a UK citizen, I put this thread, to see if anyone or maybe a dubai based solicitor has any views on this issue, since I am not receiving any feedback from my developer, I would appreciate any feedback, especially any ideas of possible actions I can enforce on my developer, due him misleading me on the completion dates, which are stated in my contracts.
Thanks,,, Wahid

Wahid,

I can relate to your frustrations regarding the entire 'mess' that has been created in Dubai... Projects are late, sometimes deliberate abuse of funds is taking place, I know of projects where they have 75% of peoples money and have not even dug a hole, where on the planet would they be able to get away with that attitute ?

Sometimes the delays are not in their control.... sometimes it is in their control and they take advantage of the situation, I'm afraid it is a classic case of human greed from people who are unethical and are from a part of the world that has money as their prime motive for existence, even though they have so much they do not know what to do with it.

You know what they say, the more they have the more they want.....

RERA have been formed now, they are at the moment in efeective, maybe in 2 years time when they have secured a strategy that functions, things will be different.

I am afraid, you are stuck between a rock and a hard place, like the rest of us, and enlisting solicitors ( unless there are solicitors who use this forum and would like to represent you for free ) is expensive and most of the time useless.

Dubai is 'Wild west territory', anything goes, and now its attracting a different breed of individual, which if you get stuck with, means that you risk all that you've paid.

Hopefully, things will work out for you, and the final product will be worthwhile, but in response to your thread, I do not hold much hope for anyone coming to your rescue.

regards