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Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
Lawyer
Seeking a little bit of advice. We purchased a 3...
Seeking a little bit of advice. We purchased a 3 bedroom serviced (said it had a licence for short term rental) Hotel Villa in May 2015 off plan the completion date was August 2018, the purchase price was AED1823848.00, our daughter bought the same villa unfurnished for AED1600000.00 the value has since dropped to around AED1100000.00 we have paid all payments as per their schedule excluding handover payment which we received notification last week, 18 months overdue. We received an addendum to sales agreement yesterday to change the permitted use from Serviced Villa to Residential, and to delete all clauses referring to villa services in the agreement, I think to avoid VAT either on their or our behalf as it was purchased in 2015 when vat was not in existence. By mistake they emailed another clients invoice who purchased a year after us paid over AED100000.00 less for a much larger property 5/6 bedroom villa. Do you think we have any recourse? Any advice will be highly appreciated, Kind regards, Jill
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Not at the moment.
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إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
If you have been sold the house with a price lower than its market value and you have already signed the contracts, then the only way to solve this is to prove that you have been under fraud and abnormal cheating sell. We recommend you to file a case through a lawyer, who can help you terminate the contract and get your money back
The UAE Civil Code stipulates in its articles:
Article 185
Deceit is the act by which one of the contracting parties deceives the other through the use of fraudulent means, in words or other means, inducing him to assent to what he would have never consented to do in the absence of such means.
Article 190
If the deceit is perpetrated by other than the contracting party and the victim of such deceit establishes that the other contracting party had knowledge of such deceit, he may rescind the contract.
Deceit is the act by which one of the contracting parties deceives the other through the use of fraudulent means, in words or other means, inducing him to assent to what he would have never consented to do in the absence of such means.
Article 190
If the deceit is perpetrated by other than the contracting party and the victim of such deceit establishes that the other contracting party had knowledge of such deceit, he may rescind the contract.
إسأل Attorney
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
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