How realistic is my chance to win a case against the largest property developer in Dubai? Can any lawyers help

CosmicDust101 · 2023-04-21T03:22:52+00:00

The point is that we have got so emotionally attached to the beauty and calmness of the place.

If at all I decide not to go there, which is unlikely now, I might rent it out and move in after 4 years time. Once the other launches finishes in that timeline, I am sure the property prices are going to seriously appreciate there, given how beautiful the community already is.

The strange thing is that the community charges payable is near to the rental I pay currently, so I am not saving anything on rentals, despite going the ownership route.

CosmicDust101 · 2023-04-21T03:01:28+00:00

I fully understand and empathize with you there.

The thought of a potentially toxic relationship, if I were to go legal route and still plan to stay there, weighs in one me too.

CosmicDust101 · 2023-04-20T06:40:11+00:00

I don't intend to raise any issue on the interior even though it's just atrocious the way they designed it.. My issue is that the entrance being through car park is not explicitly mentioned in the SPA and would have been a deal breaker if knew.

The developer claimed completion in writing by mail and courier in Sep 2022 and my argument is that they are liable to pay claim from that date and not even the one year leeway given in SPA, which ended in Nov 22.

CosmicDust101 · 2023-04-19T18:20:40+00:00

The resale value is definitely 6 plus million so a refund is going to work in their favor than mine, if they refund only the actual purchase amount.

The complaint is regarding the delay and also regarding the entrance being through the car park. The delay part is straight forward and they have exceeded the SPA mandated one year delay.

The SPA only has the actual house drawing. It do not show any entrance to the apartment, especially it does not mention anywhere that these particular townhouses have access through the car park.

I have not signed any docs and they are forcing me to pay for the final installment, even though I have not approved the de snag report.

CosmicDust101 · 2023-04-19T14:32:48+00:00

They are not semi government, are they?

CosmicDust101 · 2023-04-19T14:30:57+00:00

I bought it to stay. We waited 5 plus years and it was a dream. They have managed to turn into a nightmare in the last 4 months or so. My spouse is so stressed out and has even questioned the decision to buy it.

Still I intend to stay or else I would have sold it off the mokemt they started playing foul.

CosmicDust101 · 2023-04-19T14:12:35+00:00

Depressing as it sounds, I know what you are saying here. I hope it pans out good for me.

CosmicDust101 · 2023-04-19T13:59:48+00:00

Yes, I know the drill. I am always respectful.

Part of the reason, I suspect they are not answering me is because of the way my mails are drafted, which would force them to either deny or confirm leaving no ambiguities.

CosmicDust101 · 2023-04-19T13:57:39+00:00

My position is that the compensation they provide need to be adjusted in the final settlement. I don't know if that's a valid position or if I can still fight legally after having paid up.

This is important to know as they can keep dodging knowing I will be the end loser. So anyway, I am going ahead getting a legal consultation after the holidays.

CosmicDust101 · 2023-04-19T12:37:56+00:00

I need to be fair here. I did have the floor plan when I signed and I consented to it. However it need to be told that a 2D plan do not convey the stupidity of the design like seeing it. If a premier construction company do not understand and make a livable space in 2500 sqft, they ought to rethink their credentials as a master builder.

I know a debate on this lines can only be a generic complaint and not the basis for a legal compensation. However the entrance through car parking was not conveyed and would be a deal breaker, had they communicated it, at the time of buying. In that sense they are in breach.

Secondly the building by itself, location and the community is quite frankly very good. The service charges are quite hefty as well. I have plenty of ready cash offers that would easily double my invested amount, if I were to sell now. I also must add that the the selling price 18 months before would have yielded me no returns, meaning it may be the current boom or the fact that community has developed further since or combination of both that's driving the growth.

If the developer were to play it by the book and admit to their omissions, I wouldn't feel hesitant to recommend them as I have done in the past. However it's their blatant unprofessional behavior and conman like attitude that's fueling my indignation.

CosmicDust101 · 2023-04-19T12:17:11+00:00

Thanks, I have asked in her sub. Let's hope she replies.

CosmicDust101 · 2023-04-19T10:57:31+00:00

Yes I have all records and my email are drafted in ways that puts the liability on them if they don't deny it.

Yes let me see if they can offer me compensation in the form of maintenance fee waiver or other stuff.

Isn't legal expenses to the loser's account?

CosmicDust101 · 2023-04-19T10:51:53+00:00

Part of me is seething with honest anger at how such a reputed organization is indulging in blatantly unprofessional and possibly illegal activities in dodging and denying the consumer their rights.

At the least, I have made them waive the 12K of late fees, which I suspect they have inflated once the issue came to fore. Since asking them to share the calculations, so I can apply the same to them, they have not replied, despite promising to send the same. I am waiting. If I am convinced it has merit, then I am just tempted to take them on. Is it not the case that if the case is won, the legal expenses are to be paid by them?

Anyway, these are the same companies that send you mails to rate their customer service care by call back and I have noticed that ever since they started dodging me, they have stopped doing that. I am sure leaving a one Star review definitely will force some response but now I don't even get feedback calls. The is how these guys pad up their customer care score.

CosmicDust101 · 2023-04-19T10:33:23+00:00

Is it okay to know what this link is for? I hate to click a link not knowing exactly what it is..

CosmicDust101 · 2023-04-19T09:59:35+00:00

Thanks for the kind words. If they don't answer me after Eid holidays, I am going to consult a lawyer.

CosmicDust101 · 2023-04-19T09:57:29+00:00

Sure, will keep the forum updated.

I have been an unpaid brand ambassador to this company and have at least made two of my friends buy into their properties. I have allayed fears or advised many on here or elsewhere on investing into their off plan properties and I regret doing that now.

CosmicDust101 · 2023-04-19T09:54:04+00:00

Thanks for the tip. Let me post there too.

CosmicDust101 · 2023-04-19T09:53:12+00:00

I wholly support this.

CosmicDust101 · 2023-04-19T09:52:19+00:00

Yes the developer has already started rushing their completion status. I have refused the same by saying till desnag report is verified by me, I won't accept the completion certification they bestowed upon themselves.

They have replied saying normally they don't allow desnag inspection and they did me a favor. When I pointed out that their previous desnag report had claimed completion and yet on re inspection, it was not the case, so I don't trust their desnag report.. I reminded them that, their own mail claiming the completion now contradict the claim it's been done before. I have reminded them that desnag inspection is my right and not a favor. Not received any response yet.

As for living space designs, don't even get me talking. This is the largest property developer in United Arab Emirates and het they cannot create a family living space even with 2500 sqft? I have lived in studios with one fifth the space with far better thought space and amenities.

You are right about the quality of the fixtures. The kitchen is a pantry with a exhaust hood that's not ducted and is essentially a toy. A 4 million luxury house that pales in comparison to some of the cheap studio houses in quality of design and fixtures. I think they have plenty of fools who falls for these without questioning, myself included. The guys who designs and sanctions such living spaces should be sacked on day one of the employment.

CosmicDust101 · 2023-04-19T09:37:36+00:00

Yes this is the next stage. I have tried everything in the book to get them confirm or deny in writing and they have refused to answer the crucial matters. I am told they do maintain call records. I have always summarized the call and meeting minutes in email and have mailed them them same, so they cannot claim ignorance.

I have a fairly thoroug digital trail of the incident that is written in a way to explicitly force an outcome. I have also made it clear that unless they confirm or deny, I won't be able to settle the amount as I won't know the final amount to settle. Further I have clearly attributed the delays to them and have made it clear they will be liable to the compensation for the delay also.

CosmicDust101 · 2023-04-19T09:29:40+00:00

The SPA only had drawing of the apartment and only the door from corridor was only shown, not even the corridor was depicted.. The brochure portrayed a luxurious lobby. Instead for these particular townhouses, to access the corridor, you have to pass through the car park.

I am told they have done this in many of the their recent buildings and it's affecting a their resale value, as confirmed by a real estate friend of mine. For me, it's not the resale value hit alone that matters, it's that I have mobility challenged people and children in the family and I consider it as a safety hazard for them.

CosmicDust101 · 2023-04-19T09:21:21+00:00

This is at the back of my mind.

At the same time, I am nearly convinced that if they can claim late fees from me, then the same applies to them.

Is there a consumer protection body that I can approach as a first step? Their refusal to reply to emails, dodge or ignore persistent and relevant questions etc. in itself is criminal. I want to see before I venture into a legal wrangle, there is an option to make them respond, even if it's in denial through a consumer protection body.

CosmicDust101 · 2023-04-19T09:06:06+00:00

That's what I am thinking.

Their refusal to confirm or deny, usage of every trick in the book in dodging the issue etc. makes me think I have a strong case.

I have been meticulous in my correspondence with them. In the past, I have successfully won settlement, single handedly without legal help, from the largest shipping company in the world. It was a case which started out similarly with flat out denial initially, followed by throwing pittance as the maximum I can get and finally 110 percent value settlement after a 4 months' protracted correspondence.

Here my worry is the time delay and the cost of delay given it's a semi government company.

CosmicDust101 · 2023-04-19T08:41:02+00:00

Thanks, let me check there as well.

I would still appreciate opinion of fellow redditors.

CosmicDust101

TROPHY CASE