إسأل Lawyer الآن

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.6%

Lawyer

Backgorund I bought two off-plan studio apartments...

تم تقييم هذه الإجابة:
Backgorund I bought two off-plan studio apartments from Damac with following details: Anticipated completion date December 2018 40% payment done 5th installment 60% within 1080 days of Sales Date (14 Mar 2020) I received notice of completion in May 2019 and got handover in Sep 2019. Damac refused to handover unit until I signed a bulk of papers and gave them 2 cheques for each unit. One cheque worth 100% of outstanding payment dated my last installment due date 14/03/2020 and second one undated with same amount. Clause 12.1 of SPA states” ..if Seller is unable to give Notice of handover of the Unit by the Anticipated Completion Date as may be extended as per terms of this Agreement, without prejudice to the provisions of clause 15, the Seller shall pay AED 100 per day as liquidated damages…..” Clause 15 is Force Majeure that never happened. Clause 4.1 states “..the Seller reserves the right to extend the anticipated completion date upto 12 months…”. Seller never extended the anticipated completion date. SPA attached. Questions 1. Is Seller responsible to pay liquidated damages in this case? 2. Seller is refusing to pay liquidated damages, what options do I have? 3. Can I dispute the cheques handed over to Seller and ask Seller not to submit cheques to my bank?

إطرح سؤالك

إجابة الخبير: Mohye Eldeen Rasheed

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

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.6%

  • 100% ضمان الرضا
  • انضم الى 8 مليون من العملاء الراضين
المحادثات تتم ضمن هذه البنود

في الأخبار