Legal Advice
#1
Just Joined
Thread Starter
Joined: Aug 2008
Posts: 4
Legal Advice
Hi All,
I'm new to this forum, but have been reading previous threads and great to know that there is a wealth of knowledge and experience that is being shared.
The nature of my query is that I too have plans of moving to dubai and finding work, I purchased an apartment from a reputable estate agent a few years ago, I've received both a short and lengthy contracts from the developer. They both stated a completion date of December 2005 but then I was sent a letter stating an extension had been granted by Nakheel and that the development will be delayed by 6 months. Its now nearing the end of 2008 and its nowhere near complete. It probably won't be ready for at least another 12 -18 months providing there are no more setbacks.
It's messed all my plans up as I was hoping to move into the apartment and then look for jobs. I can't get any joy from the developer and they are non commital on completion dates when asked. I was wondering whether I can take any legal action and what the procedures would.
I appreciate any advice.
I'm new to this forum, but have been reading previous threads and great to know that there is a wealth of knowledge and experience that is being shared.
The nature of my query is that I too have plans of moving to dubai and finding work, I purchased an apartment from a reputable estate agent a few years ago, I've received both a short and lengthy contracts from the developer. They both stated a completion date of December 2005 but then I was sent a letter stating an extension had been granted by Nakheel and that the development will be delayed by 6 months. Its now nearing the end of 2008 and its nowhere near complete. It probably won't be ready for at least another 12 -18 months providing there are no more setbacks.
It's messed all my plans up as I was hoping to move into the apartment and then look for jobs. I can't get any joy from the developer and they are non commital on completion dates when asked. I was wondering whether I can take any legal action and what the procedures would.
I appreciate any advice.
#2
Soupy twist
Joined: Dec 2004
Posts: 2,271
Re: Legal Advice
In which development is your apartment, out of interest? Getting on for four, maybe even five years is pretty impressively late, even for Dubai.
As for legal action... good luck. Sadly, this isn't the Western world, so things like consumer rights backed up by law and ombudsmen don't exist here.
There's a relatively new body called RERA, the Real Estate Regulatory Authority, which has an impressive name but very little in the way of actual power. You might as well start by directing a complaint to them, though.
As for legal action... good luck. Sadly, this isn't the Western world, so things like consumer rights backed up by law and ombudsmen don't exist here.
There's a relatively new body called RERA, the Real Estate Regulatory Authority, which has an impressive name but very little in the way of actual power. You might as well start by directing a complaint to them, though.
#3
Forum Regular
Joined: Jun 2008
Posts: 150
Re: Legal Advice
maybe you should consult a lawyer in Dubai, hopefully he can help. Good luck!
#4
Soupy twist
Joined: Dec 2004
Posts: 2,271
Re: Legal Advice
Unless you can prove a case of breach of contract - and I'm just guessing here, but your contracts with the developer probably don't tie them down to delivering by any specific date - a lawyer won't do anything other than lighten your wallet.
It's just the way it is here. A developer can be as late as they like and investors just have to suck it up. The only hope of redress is to get a large group of investors together to drum up some negative publicity - viz. the recent issues with Dubai Lagoons.
It's just the way it is here. A developer can be as late as they like and investors just have to suck it up. The only hope of redress is to get a large group of investors together to drum up some negative publicity - viz. the recent issues with Dubai Lagoons.
Last edited by Eeyore; Aug 25th 2008 at 10:15 pm.
#5
Re: Legal Advice
As mentioned, going down the legal route will get you nowhere other than a bit more out of pocket that you are at the moment. The development is delayed so in true Dubai style, you just need to get on with it.
Which development is it?
Try looking on the following forums for details on the development as other owners may have details on the completion dates, or have found out about the options and any compensation (unlikely) that has been offered:
http://www.skyscrapercity.com/forumdisplay.php?f=377
Which development is it?
Try looking on the following forums for details on the development as other owners may have details on the completion dates, or have found out about the options and any compensation (unlikely) that has been offered:
http://www.skyscrapercity.com/forumdisplay.php?f=377
#6
Just Joined
Joined: Jul 2008
Location: Dubai, United Arab Emirates
Posts: 13
Re: Legal Advice
Hi All,
I'm new to this forum, but have been reading previous threads and great to know that there is a wealth of knowledge and experience that is being shared.
The nature of my query is that I too have plans of moving to dubai and finding work, I purchased an apartment from a reputable estate agent a few years ago, I've received both a short and lengthy contracts from the developer. They both stated a completion date of December 2005 but then I was sent a letter stating an extension had been granted by Nakheel and that the development will be delayed by 6 months. Its now nearing the end of 2008 and its nowhere near complete. It probably won't be ready for at least another 12 -18 months providing there are no more setbacks.
It's messed all my plans up as I was hoping to move into the apartment and then look for jobs. I can't get any joy from the developer and they are non commital on completion dates when asked. I was wondering whether I can take any legal action and what the procedures would.
I appreciate any advice.
I'm new to this forum, but have been reading previous threads and great to know that there is a wealth of knowledge and experience that is being shared.
The nature of my query is that I too have plans of moving to dubai and finding work, I purchased an apartment from a reputable estate agent a few years ago, I've received both a short and lengthy contracts from the developer. They both stated a completion date of December 2005 but then I was sent a letter stating an extension had been granted by Nakheel and that the development will be delayed by 6 months. Its now nearing the end of 2008 and its nowhere near complete. It probably won't be ready for at least another 12 -18 months providing there are no more setbacks.
It's messed all my plans up as I was hoping to move into the apartment and then look for jobs. I can't get any joy from the developer and they are non commital on completion dates when asked. I was wondering whether I can take any legal action and what the procedures would.
I appreciate any advice.
Have a look into the Agreement for Sale which you would have been given, and see what the clause states re delays on the completion date - what 'get out card' have they used? Force Majore?
You will be very lucky to get any compensation at all, and if you wish to sell before the project completes be wary of the company buying the property back at a lower price than you can get on the open market.
#8
Soupy twist
Joined: Dec 2004
Posts: 2,271
Re: Legal Advice
I'm still intrigued to know which development this is in, given how late it is. The only one I can think of, given the Nakheel connection, is the Palm - but was that really originally slated to be complete by December 2005?
#9
Lost in BE Cyberspace
Joined: May 2008
Posts: 5,125
Re: Legal Advice
unfortunately that is the risk of buying in this 'neck of the world' rules keep changing, and the goal posts keep moving, if they get built at all!
#10
Just Joined
Thread Starter
Joined: Aug 2008
Posts: 4
Re: Legal Advice
Hey thanx for all the posts and advice......
didn't think I'd get far with a legal case and was hoping sum1 had a similar experience. I appreciate with all the building work currently ongoin that projects would be delayed but just didn't expect a delay of nearly 3-4 years.
The unit I have purchased is in a development called the Windtower and located at the Jumerah Lake Towers.
Thanks Again
didn't think I'd get far with a legal case and was hoping sum1 had a similar experience. I appreciate with all the building work currently ongoin that projects would be delayed but just didn't expect a delay of nearly 3-4 years.
The unit I have purchased is in a development called the Windtower and located at the Jumerah Lake Towers.
Thanks Again
#11
Re: Legal Advice
Hey thanx for all the posts and advice......
didn't think I'd get far with a legal case and was hoping sum1 had a similar experience. I appreciate with all the building work currently ongoin that projects would be delayed but just didn't expect a delay of nearly 3-4 years.
The unit I have purchased is in a development called the Windtower and located at the Jumerah Lake Towers.
Thanks Again
didn't think I'd get far with a legal case and was hoping sum1 had a similar experience. I appreciate with all the building work currently ongoin that projects would be delayed but just didn't expect a delay of nearly 3-4 years.
The unit I have purchased is in a development called the Windtower and located at the Jumerah Lake Towers.
Thanks Again
#12
Soupy twist
Joined: Dec 2004
Posts: 2,271
Re: Legal Advice
They were seriously projecting the Windtower as being *complete* in December 2005? We drive past it every day, and you're probably right in your assumption that it's a good year to 18 months (which probably means two years) away from completion.
JLT does seem to have had something of a chequered history. A guy we used to know bought there (not in the Windtower) probably around the same time as you, and once the shell of his apartment was built, he was able to blag his way onto the site to check it against the plans - he worked in the construction trade, which helped.
Anyway, he discovered that the apartment that had actually been built was significantly smaller than the one had had paid for; the maid's room wasn't even big enough to fit a single bed. He kicked up hell and was able to back out of the deal with a full refund, but only because he'd been able to check the place out while it was still a concrete shell, and because he knew enough of the right, influential people in the construction business.
Back in 2008, it seems that some residential towers at JLT still don't have phone, TV or internet service six months after opening.
JLT does seem to have had something of a chequered history. A guy we used to know bought there (not in the Windtower) probably around the same time as you, and once the shell of his apartment was built, he was able to blag his way onto the site to check it against the plans - he worked in the construction trade, which helped.
Anyway, he discovered that the apartment that had actually been built was significantly smaller than the one had had paid for; the maid's room wasn't even big enough to fit a single bed. He kicked up hell and was able to back out of the deal with a full refund, but only because he'd been able to check the place out while it was still a concrete shell, and because he knew enough of the right, influential people in the construction business.
Back in 2008, it seems that some residential towers at JLT still don't have phone, TV or internet service six months after opening.
#13
Re: Legal Advice
Indigo is all set up and running with phones and stuff and the one next door to it, not sure about the others though
#14
Soupy twist
Joined: Dec 2004
Posts: 2,271
Re: Legal Advice
Some of the residential towers definitely aren't connected yet - Du hasn't been able to gain access to start installing all the equipment. On the bright side, this makes them slightly - but only slightly - cheaper to rent.