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Stripe
New Member
Just a quick post to enable me to become an active member & thus receive contact details!
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redarrow
New Member
Ideally I'm sure we'd all like a refund, but realistically can't see that happening. I'm sure Emaar have covered themselves for all outcomes. I think we may be stuck with our properties as I'm certain Emaar will ensure they hand over before penalties take effect (September, 30, 2011). With only phase one for the foreseeable future it will be hard to find buyers or people to rent, but good luck!
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Stripe
New Member
As you are looking to move-in & live in your villa have you sent any mail messages to Emaar complaining about the short notice period for the latest delay? i really dont know how much notice they might take of this but i intend to bring it to their attention as less than 1 month is unacceptable!!
What if you had sold your house in the UK, handed your notice in at work, lined up a new job in UAE, arranged removals, etc all based on their previous completion date??
What if you had sold your house in the UK, handed your notice in at work, lined up a new job in UAE, arranged removals, etc all based on their previous completion date??
Ideally I'm sure we'd all like a refund, but realistically can't see that happening. I'm sure Emaar have covered themselves for all outcomes. I think we may be stuck with our properties as I'm certain Emaar will ensure they hand over before penalties take effect (September, 30, 2011). With only phase one for the foreseeable future it will be hard to find buyers or people to rent, but good luck!
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SunnyDay
New Member
Hi,Just to make you feel a bit better, i have committed to 11 Villas on the UAQ Marina site!! i am hoping to hear some positive news from my solicitor next week once he has had a good look at the contracts we were given. From a purely personal point of view I do not fancy the idea of trying to rent out villas that are stuck in the middle of nowhere & would therefore prefer a refund. I guess we will just have to stick together & try to force Emaars hand!
Would be interesting to know the Solicitorr's comments on the Contract, will surely help us in drawing our strategy to deal with Emaar.
Like few others, I also had intended to live in this property and I still do, provided the place is livable!!
Refund from Emaar is not likely to happen in any eventauality, however we can negotiate for a reduced price or ask Emaar to give us option to withdraw from here and invest in any of their other developments, like some other developers like Nakheel have alreadydone on their Shelved projects.
Lets plan to meet soon and discuss !
SunnyDay
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redarrow
New Member
Good afternoon SunnyDay,
We contacted Emaar a year ago, when the notified us of the year delay and asked them about the possibility of transferring to another Emaar project. They informed us that was impossible, as the Umm Al Quwain marina is a joint venture between Emaar and Umm Al Quwain government. I don't think there is much chance of getting a discount on the final payment, but it is worth negotiating for. Maybe our strongest argument will be over the service and community charges. We should ask for them to be waivered until the masterplan is completed, or until we have some decent community facilities.
We contacted Emaar a year ago, when the notified us of the year delay and asked them about the possibility of transferring to another Emaar project. They informed us that was impossible, as the Umm Al Quwain marina is a joint venture between Emaar and Umm Al Quwain government. I don't think there is much chance of getting a discount on the final payment, but it is worth negotiating for. Maybe our strongest argument will be over the service and community charges. We should ask for them to be waivered until the masterplan is completed, or until we have some decent community facilities.
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SunnyDay
New Member
Hello,
I am sure others must have also noticed this, UAQ govt has given freehold status to some of the projects in the UAQ but not to UAQ Marina inspite of being a joint venture project involving Govt of UAQ itself. Is UAQ Govt still involved in the project or they already have backed off ??
Also, the contract whcih we all have signed is with UAQ Marina LLC not with Emaar. So, in case of any dispute the laws of UAQ will apply not that of Dubai.
SunnyDay
SunnyDay
I am sure others must have also noticed this, UAQ govt has given freehold status to some of the projects in the UAQ but not to UAQ Marina inspite of being a joint venture project involving Govt of UAQ itself. Is UAQ Govt still involved in the project or they already have backed off ??
Also, the contract whcih we all have signed is with UAQ Marina LLC not with Emaar. So, in case of any dispute the laws of UAQ will apply not that of Dubai.
SunnyDay
SunnyDay
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BlackAngus
New Member
Stripe,
Together with redarrow and few more "sorry" owners of UAQ MArina, we're thinking about forming a group to discuss our options. Interested to join? If so, please drop me a private message with your personal email address and I can add you to the list. We plan our first meeting late this week.
BlackAngus
Together with redarrow and few more "sorry" owners of UAQ MArina, we're thinking about forming a group to discuss our options. Interested to join? If so, please drop me a private message with your personal email address and I can add you to the list. We plan our first meeting late this week.
BlackAngus
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Stripe
New Member
Sorry, i am new to this forum...how do i drop you a private message?Stripe,
Together with redarrow and few more "sorry" owners of UAQ MArina, we're thinking about forming a group to discuss our options. Interested to join? If so, please drop me a private message with your personal email address and I can add you to the list. We plan our first meeting late this week.
BlackAngus
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redarrow
New Member
To Stripe and White Knight, and any other UAQ marina buyers.
I think you can only send private messages once you become an active member. To achieve this you need to post five acceptable posts, then you automatically get upgraded.
Keep posting, as we need to fill you in on the arrangements for our meeting next week.
I think you can only send private messages once you become an active member. To achieve this you need to post five acceptable posts, then you automatically get upgraded.
Keep posting, as we need to fill you in on the arrangements for our meeting next week.
R
redarrow
New Member
Stripe,
once you are an active member, just click on the person's name you want to send a private message to and the options will appear.
once you are an active member, just click on the person's name you want to send a private message to and the options will appear.
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Stripe
New Member
Ok, this is my 5th post so all being well.....Stripe,
once you are an active member, just click on the person's name you want to send a private message to and the options will appear.
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redarrow
New Member
Whiteknight.
You need to post a couple more times, five in total, so you get upgraded to an active member.
We can then exchange private messages and I can give you the details of the plans for the group meeting next week, that's if you're in UAE.
You need to post a couple more times, five in total, so you get upgraded to an active member.
We can then exchange private messages and I can give you the details of the plans for the group meeting next week, that's if you're in UAE.
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BlackAngus
New Member
Hum,
this is interesting, we need to maintain a quota of posts in order to become an active members??
Well, ok then.
this is interesting, we need to maintain a quota of posts in order to become an active members??
Well, ok then.
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BlackAngus
New Member
Do these posts need to be done on different days or does it count if it is the same day??
B
BlackAngus
New Member
I'm just about to find out as I think this shall be my fifth posts....
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redarrow
New Member
Whiteknight
WhiteKnight, we have arranged our first group meeting for Sunday. If you are in the U.A.E you are welcome to join us. Even if you're not here, if you're part of the group we can pass on any information we have. Some buyers have had solicitors advice so it will be interesting to see what they have to say. You are still not an active member so I can't give you the details. Keep Posting. RedarrowGood to know I will have at least one neighbour!!
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vpmollinger
New Member
We own one villa and are anxious to join the group. We had the following explanation from our UK solicitor (who only saw the relevant pages of the agreement):
have read the email and attached documents and the situation is that the vendor is allowed to delay the Completion Date but only by a maximum of 12 months. However this is the designated completion date and not the Estimated Completion Date set out (apparently in the Sales Agreement).
The details are set out in clause 3.2 which I summarise as follows
Within the 12 month period immediately before the ESTIMATED COMPLETION DATE (not defined but apparently the date set out in the sales agreement) the vendor has to advise the buyer of the designated completion date for completion of construction and handover ie the actual date of physical completion (the COMPLETION DATE).
The Vendor is permitted to delay the COMPLETION DATE provided that notice of the delay is given more than one month before the COMPLETION DATE.
The vendor is permitted to delay the COMPLETION DATE on more than one occasion provided that the total period of such delays does not exceed 12 months.
On the basis of the above it appears that if the date you were expecting the property to be completed ie June 2009 was the date in the sales agreement then this would be the ESTIMATED COMPLETION DATE and the date you were advised of in early June of that year would be the COMPLETION DATE. On this basis the vendor is entitled to delay by the six months notified to you by the letter of the 4th June this year and could in fact delay further by upto another six months.
have read the email and attached documents and the situation is that the vendor is allowed to delay the Completion Date but only by a maximum of 12 months. However this is the designated completion date and not the Estimated Completion Date set out (apparently in the Sales Agreement).
The details are set out in clause 3.2 which I summarise as follows
Within the 12 month period immediately before the ESTIMATED COMPLETION DATE (not defined but apparently the date set out in the sales agreement) the vendor has to advise the buyer of the designated completion date for completion of construction and handover ie the actual date of physical completion (the COMPLETION DATE).
The Vendor is permitted to delay the COMPLETION DATE provided that notice of the delay is given more than one month before the COMPLETION DATE.
The vendor is permitted to delay the COMPLETION DATE on more than one occasion provided that the total period of such delays does not exceed 12 months.
On the basis of the above it appears that if the date you were expecting the property to be completed ie June 2009 was the date in the sales agreement then this would be the ESTIMATED COMPLETION DATE and the date you were advised of in early June of that year would be the COMPLETION DATE. On this basis the vendor is entitled to delay by the six months notified to you by the letter of the 4th June this year and could in fact delay further by upto another six months.
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redarrow
New Member
Thank you for the info. from your solicitor. I'm sure Emaar will ensure they hand over before they are subject to penalties. Once you have posted five times and get upgraded to being an active member I can forward contact numbers, the details of our first group meeting and our future plan of action.We own one villa and are anxious to join the group. We had the following explanation from our UK solicitor (who only saw the relevant pages of the agreement):
have read the email and attached documents and the situation is that the vendor is allowed to delay the Completion Date but only by a maximum of 12 months. However this is the designated completion date and not the Estimated Completion Date set out (apparently in the Sales Agreement).
The details are set out in clause 3.2 which I summarise as follows
Within the 12 month period immediately before the ESTIMATED COMPLETION DATE (not defined but apparently the date set out in the sales agreement) the vendor has to advise the buyer of the designated completion date for completion of construction and handover ie the actual date of physical completion (the COMPLETION DATE).
The Vendor is permitted to delay the COMPLETION DATE provided that notice of the delay is given more than one month before the COMPLETION DATE.
The vendor is permitted to delay the COMPLETION DATE on more than one occasion provided that the total period of such delays does not exceed 12 months.
On the basis of the above it appears that if the date you were expecting the property to be completed ie June 2009 was the date in the sales agreement then this would be the ESTIMATED COMPLETION DATE and the date you were advised of in early June of that year would be the COMPLETION DATE. On this basis the vendor is entitled to delay by the six months notified to you by the letter of the 4th June this year and could in fact delay further by upto another six months.
Redarrow
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vpmollinger
New Member
We visited UaQ Marina October and March. Officially we were not allowed to enter, but we did with a bribe and a CD vehicle of which the driver was from the same region as the guardsman. Even in October all houses were built, but there was no work being done at all. In March there was a lot of activity also to club house and pool.
Emaar's original excuus for the delay was that because of the credit crunch many owners could not afford to pay their installments and they wanted to hand over to all owners at the same time. The excuus now is problems with utilities.
Any further information I better keep for another message as for a - to me - not to understand reason one has to post 5 messages (good, bad or indifferent) before being accepted as a 'full' (senior) member.
Looking forward to be in direct contact with you, Redarrow
Emaar's original excuus for the delay was that because of the credit crunch many owners could not afford to pay their installments and they wanted to hand over to all owners at the same time. The excuus now is problems with utilities.
Any further information I better keep for another message as for a - to me - not to understand reason one has to post 5 messages (good, bad or indifferent) before being accepted as a 'full' (senior) member.
Looking forward to be in direct contact with you, Redarrow
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redarrow
New Member
Good morning vpmollinger! Swimming pool is completed now and at our last visit they were working on the pavements around the compound. Some landscaping also done in the parks. We will try to visit this week to see what they are currently working on. Redarrow.
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