Regarding the topic of this thread, I'd like to draw out the main lines surrounding the handover issue.
We can classify the entire issue to two main stages (points):
Stage (1): Prevention: Securing a transaction - as mentioned before in another thread - is the most important part of it. Securing a transaction is a long and complicated procedure and it includes many sub-procedural measurments. One of these measurments - an essential one - is revising a contract to check for a lot of certain subjects. One of these subjects is handover date.
A purchaser shall make sure that the date is fixed in the contract to begin with. Then make sue that sanction in case of delay exists, and should be satisfied with the sanction.
This simple procedure preserves the purchaser's right to claim compensation in the event the developer had delayed.
Stage (2): Taking Action: Now the assumption is that the handover date was exceeded, and the developer failed to meet that date - it happens a lot, you know
- and you want to get your property deliver inorder to live in, to rent out, or just because...
The most proper way to take first is contacting the developer, either by yourself or through a representative (Solicitor, Agent, Friend...etc.) and make sure the developer gets the point that you are upset of the delay yet friendly, and you should initiate enquiring "what can thedeveloper offer to make you satisfied?" And listen carefully to what they have to say. If the offer was acceptable, then it is all good! No problems! If the offer was unacceptable then negotiations to enhance the offer take place.
However, if all the previous attempts resulted in failure, then official steps shall be taken.
The purchaser (or their solicitor) "hereinafter referred to as "The Reporter" shall issue a police report, having the original contract and a photo copy with them, where the handover date is shown. The Reporter shall give their saying and claim either instant delivery (according to terms and agreements) or compensation.
The tourism police will refer it to the main police station, where it will have a new number, and sent to the prosecutor.
Now if there was no follow-up, the case will die in its cradle. The solicitor must make sure the case is moving in its normal path, and based on this report / number sue the developer for compensation according to the contract's terms and agreements plus compensation for any additional tort that was a consequence of this delay and nonpayment, provided that an "evidence" in case if additional tort must be provided to the court to "link" the deed to the tort, or in other words...to prove that that additional tort was a normal, logical, and PRACTICAL result of the developer's fault.
Most developers will tend to avoid the official part and solve it amicably, especially that they care for their image and reputation.
Zeiad Yehia
Solicitor