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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.8%

Lawyer

I want to cancel a sales contract from kirby homes...

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I want to cancel a sales contract from kirby homes because my husband is in no work no pay status. .we cant afford to pay for that pricey vacuum.. last march they offered us installment payment and we agreed to that.. it was supposed to start this sept. But the next day we called to cancel the purchase. The manager told us that it cannot be cancelled coz it's done already.. we did not pay yet, they just asked for a no dated cheque. We dont have the machine yet.. it was stated in the contract IF the machine is already paid and happily recieved by the customer that's the time it cannot be cancelled. But the manager keep on insisting that it cannot be cancelled and even threatening me that i will get terminated from my job and will be paying 20k aed fine..help us please... i need answer.. thank you

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الرد من العميل

he was saying that they explained properly that once we signed the contract it cannot be cancelled, but they did not disclose any info about cancellations

الرد من العميل

and earlier i talked to the manager again.. he was not listening at all.. he is closed minded.. he kept on saying again and again that it is impossible to be cancelled.

الرد من العميل

I want to cancel a sales contract from kirby homes because my husband is in no work no pay status. .we cant afford to pay for that pricey vacuum.. last march they offered us installment payment and we agreed to that.. it was supposed to start this sept. But the next day we called to cancel the purchase. The manager told us that it cannot be cancelled coz it's done already.. we did not pay yet, they just asked for a no dated cheque. We dont have the machine yet.. it was stated in the contract IF the machine is already paid and happily recieved by the customer that's the time it cannot be cancelled. But the manager keep on insisting that it cannot be cancelled and even threatening me that i will get terminated from my job and will be paying 20k aed fine..help us please... i need answer.. thank you

إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 98%

It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that
If the purchase was based on a written contract that includes the conditions of sale, delivery and termination,

The arbitration is referred to the contract,

That is because consent makes the law and the contract is the Sharia of contractors,

Thus if the contract includes that if the contract stipulates that if the value of the sale is paid and the receipt is made in good conditions, the sale cannot be canceled.

This means that the order can be canceled earlier in accordance with the terms of the contract,

And what needs to be done,

Sending written excuses to the seller in order to notify him of canceling the order based on the terms of the contract and informing him of the order in an official way through a judicial report,

With the need to point out that the thing sold has not been delivered to you and that you have not yet paid its value to the seller,

It is also pointed out that it is impossible to pay due to the Corona pandemic that has caused the husband to lose his job,

With the necessity to keep the record of the dispatch in order to invoke it when necessary

In the event that the intended question is otherwise, you can kindly ask us in detail and we will respond to it in the shortest time frame.

الرد من العميل

can they file a case? because they tried to deposit the cheque the other day and it bounced.

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How to get the judiary report?

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how to get the judicial report?

إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.6%

A cheque is said to have bounced because of below mentioned reasons.

  1. Stop payment
  2. Insufficient balance
  3. Account closed
  4. Signature mismatch
  5. Exceeds arrangement

Conditions necessary for cheque bounce

  1. The cheque is bounced due to insufficiency of funds or all the above reasons.
  2. A Legal notice is given within 30 days.
  3. A payment of due amount is not made within 15 days’ time.
  4. the payment was to be made for discharge of legally enforceable debt.

The Article (638) states that the actions of recourse initiated by the cheque bearer against the drawer, endorsers and other obligors for the payment of its value, will not be heard after a period of two years from the expiry of the time-limit set for presentment thereof.

In case a lawsuit is initiated, this time limitation shall only apply from the day of the last action taken thereon. In addition, such time limitation shall not run if the debt is adjudicated or when it is acknowledged by a separate deed resulting in the renewal of the debt (Article (640))

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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.8%

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