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Mohye Eldeen Rasheed
Lawyer
الأسئلة المجابة 16156 | نسبة الرضا 97.6%
Backgorund I bought two off-plan studio apartments...
إجابة الخبير: Mohye Eldeen Rasheed
Mohye Eldeen Rasheed
Lawyer
الأسئلة المجابة 16156 | نسبة الرضا 97.8%
First of all, please consider that « Consent makes the Law », and since it is by reference to the terms of the agreement concluded between both of you, especially the delay penalties, referred to in clause 12.1,
And in the event that the final delivery of the two apartments in question is agreed upon within the month of Dec. 2018, this makes the contractor violate its obligation and that, in view of that, he must compensate the other party according to the tort liability,
But by referring to the facts, and regarding the contrat’s clauses,
Clause 12.1 provides for penalties for delay in the event of failure to respect the legal deadline agreed upon for extradition, with the exception of what was stipulated in Article 15,
Moreover, by referring to Section 4.1, it stipulated that the contractor has the right to extend the delivery period by 12 months,
However, this clause did not refer to the method of extension, its terms and methods, and therefore it is not possible to raise the problem of not notifying the extension because the clause has stipulated that it is a right entitled to the seller.
And in the event the seller adheres to non-payment, and since the issue requires searching for how to exercise the right or extending the delivery period in accordance with the terms of the contract, the contract must be reviewed entirely, and we recommend the use of a specialized lawyer to review the contract between you and the extent to which the implementation of the obligations of each party is respected, and This is before any action is taken.
If, in the event that the question is intended otherwise, you can kindly ask it in detail and we will respond to it in the shortest time,
إسأل Lawyer
Mohye Eldeen Rasheed
Lawyer
الأسئلة المجابة 16156 | نسبة الرضا 97.6%
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