D1 tower dubai

[Datum1m]

hello, I have been again refused access to view my apartment in the D1 Tower. I have also been told to expect another letter with another delay extension. Is there a forum or a contact group I can join please?
many thanks

I have heard March 2015 could be handover, we should be able to claim compensation through the courts because they are years past the original handover date. The courts have been awarding up to 9% p.a. and not allowing developers to use Force majeure as a reason for the delay. Also in the last last progress report the developer stated that the master developer was installing street lights, which means there must be electricity so no excuses for not being finished.

Is there a show Apartment within the D1 tower that prospective buyers can view, or do we still have just those couple of muck up rooms after all these years just showing the standard of finishings. This developer is one of the worst I have dealt with in Dubai, they want everything their own way and do not want to accept responsibility for their own short comings.

 

[bash]

Hello, d1 project is delayed quite a bit, is there a way to claim comoensatiin from the developer, we have suffered finantial loss and the developer should compensate by reducing the final payment at the time of delivery. Any thoughts?

 

[btlynn]

Hello D1 owners, I received a letter yesterday saying the my handover date is going to March 15. They also have the audiacity to try and charge me handover fees and things like AED200 for them to 'approve' my letters. This building is so late I have no idea how they have the nerve. I would really like to pursue this through arbitration, I have lost a lot of money in lost rental revenue.

 

[btlynn]

If anyone has contacted a Lawyer in Dubai in relation to this building (D1) I would be grateful for their contact details.

 

[Datum1m]

If anyone has contacted a Lawyer in Dubai in relation to this building (D1) I would be grateful for their contact details.

I have posted before that I have heard investors are being awarded up to 9% pa for late delivery of their Apartments by the Dubai courts. The process can take up to 2 years and you cannot sell your Apartment until you receive a judgment. So this would mean having to rent it out until your case is heard.

This developer from the very beginning has never wanted to engage in any dialog where they are to be blamed for anything they have treat their investors with content and have no morals whatsoever, so taking them to court is I feel the only option

 

[btlynn]

I called a Lawyer yesterday and had an initial chat - he says that we may not need to go to Court, an arbitration case may be sufficient. This would be a shorter duration and also less costly.

 

[Datum1m]

I called a Lawyer yesterday and had an initial chat - he says that we may not need to go to Court, an arbitration case may be sufficient. This would be a shorter duration and also less costly.

Doesn't Arbitration rely on two willing parties, can you force the developer to go to Arbitration, was it a clause (therefore a right) within the S&P to ask for an Arbitrator to mediate?

If the developer can say no to Arbitration then they will

 

[Datum1m]

So by the 15th March will all the facilities be ready e.g. swimming pool, gym e.t.c, not going to be able to rent it out for top dollar without everything been ready?

 

[lapoga]

Arbitration - Group of Investors

Dear All,

I am based in Moscow, russia. If you have already formed a group or going to form one, please do let me know. I am also looking at options to see whether anything could be done to make developer pay for this delay.

thanks
lapog

I have heard March 2015 could be handover, we should be able to claim compensation through the courts because they are years past the original handover date. The courts have been awarding up to 9% p.a. and not allowing developers to use Force majeure as a reason for the delay. Also in the last last progress report the developer stated that the master developer was installing street lights, which means there must be electricity so no excuses for not being finished.

Is there a show Apartment within the D1 tower that prospective buyers can view, or do we still have just those couple of muck up rooms after all these years just showing the standard of finishings. This developer is one of the worst I have dealt with in Dubai, they want everything their own way and do not want to accept responsibility for their own short comings.

 

[Datum1m]

Dear All,

I am based in Moscow, russia. If you have already formed a group or going to form one, please do let me know. I am also looking at options to see whether anything could be done to make developer pay for this delay.

thanks
lapog

From my knowledge of Dubai court system class actions are not allowed, but if we get a group together, we could use one Apartment of a member of the group and share the cost of going to court for that one Apartment if we win and the Developer can see that they will lose the rest of the cases then we might make them see sense and settle the rest outside of court.

Open to ideas and suggestions

 

[lapoga]

Yes, i am ready for this idea. Let us get together and do this.

 

[Datum1m]

Yes, i am ready for this idea. Let us get together and do this.

OK good, but we need to find other D1 owners, I live in Australia, you live in Russia and there must me owners allover the world, but how to find them?

There is over 400 Apartments within D1 and many are already advertised for sale, maybe we contact the different Estate Agents in Dubai and give them our contact details asking them to pass them onto their clients to see if they are interested in taking action against the developer.

What do you think?

 

[Peter39]

D1 Handover

I am also interested in disputing the terms of Completion

 

[Datum1m]

I am also interested in disputing the terms of Completion

Peter,

Are you only looking to address the completion time fame which just gives 3 weeks to come up with the 30% balance plus fees or are you wanting to contest the fact that they are years late in delivering and thus want some form of compensation.

Your reply to the thread seems to imply that you only want to dispute the terms of completion and not how unfairly we have all been treated over the years

 

[Datum1m]

These are my thoughts on what we could possibly claim against the late completion of our units.

1) Land Registration Fee, was 2% if they had completed as per the original date it is now 4%, which means we are having to pay 100% more to register our Apartments.

2) Within the SPA they are looking to claim 11% p.a. for late payment, so we should be able to claim the same for the interest on our money for late completion.

3) D1 owners you have had to pay mortgages for years on an uncompleted project should be able to offset the cost of these payment against the final 30% payment, even if it is just the interest element of the annual mortgage payment.

4) Probably the most important to an investor is loss of revenue, we should be able to offset the final 30% balance owed by the amount of rent we could have generated over the past few years should the unit have been completed on time.

Maybe some one can clarify with a Dubai law firm what we are entitled to claim from my above list

 

[Peter39]

D1 Handover

I agree with all the points Datum has raised and believe we have a good case in that the project was supposed to take 3 years and it has taken nearly 8!

I just don't know how we should proceed from here.

 

[John UK]

D1

Hello all,

I am also an investor from UK who has purchased 2 apartments in D1. I have already made contact with my UAE Lawyer and will respond to these ridiculous demands from D1 in due course!

 

[Peter39]

Thanks

I would be very interested in what your lawyer has to say

 

[Datum1m]

Hello all,

I am also an investor from UK who has purchased 2 apartments in D1. I have already made contact with my UAE Lawyer and will respond to these ridiculous demands from D1 in due course!

Hi John and Peter,

I feel there should be some consolidarity in our approach and I would very much like some UAE legal opinion on where we stand. I would much rather offset our final payment by our lost revenue/claim than pay them in full and then try and reclaim it through the courts. Because of the many years my money has been tied up in D1 it already feels lost to me and I would much rather only pay them a lesser amount than what they are demanding than just let them continue to dictate how I should spend my money.

 

[John UK]

I hope to get a response by the 24th and will keep you all posted with the outcome. Having read the D1 correspondence again I cannot see how these guys can treat us this way! For them to pull Force Majeure and then try to keep this in force (part of it anyway!) after taking the final 30% is unbelievable! I spoke with D1 today who advised that they have a generator onsite and the power is on....what good is a generator?? D1 also advised that the cooling system issues have not been resolved....so there is temporary power but no ACs ???? The building itself is not complete as I have received updated photos from friends who have visited this week....all in all I cannot and will not accept D1 terms and whats another 2 years anyway...they've already had 70% of my money for nearly 6 years!