What stage is it to late to look for refund

[farren]

Hi I have signed reservation form and paid 30%. on a studio is it possible to look for refund? All advice welcome

 

[financier888]

Hi I have signed reservation form and paid 30%. on a studio is it possible to look for refund? All advice welcome

where is the studio located? in Dubai, Ajman?

What does your reservation form say - in the terms and conditions as it relates to cancellation? and how long ago did you sign it and how many payments have you made?

You need to kindly state more specifics

 

[farren]

where is the studio located? in Dubai, Ajman?

What does your reservation form say - in the terms and conditions as it relates to cancellation? and how long ago did you sign it and how many payments have you made?

You need to kindly state more specifics

Hi It is in ajman have paid 30% signed in july

 

[memo123]

I'm afraid I have the same question , I have paid 50% , in march , in Dubai , no building in site , just received the contract he had added so many clauses that were not in the original MOU OR RESERVATION FORM , developer refusing to give me my escrow balance , nothing but sand augmented by pictures from some friends on this forum . and my money is setting for the last 9 months at zero% , that is if any is still there for he said that he had been using our money to pay for the land .
RERA says go to court for he is in breach of the contract
what do you suggest
please help
i am open to all suggestions
REGARDS

 

[Roshan]

I'm afraid I have the same question , I have paid 50% , in march , in Dubai , no building in site , just received the contract he had added so many clauses that were not in the original MOU OR RESERVATION FORM , developer refusing to give me my escrow balance , nothing but sand augmented by pictures from some friends on this forum . and my money is setting for the last 9 months at zero% , that is if any is still there for he said that he had been using our money to pay for the land .
RERA says go to court for he is in breach of the contract
what do you suggest
please help
i am open to all suggestions
REGARDS

Sue the B@#%&*D. Most of the times investors including myself are scared of losing money and would not like to get into the legal wrangle. But when a limit is reached, then you would like to hit back.

Don't go by what RERA says as it's only verbal and nothing documented.

Instead of hiring a lawyer. Look into the possibility of representing your own case. After all there will be interpreters in court. Lawyers will charge you a bomb and will stand like statues in court.

I have experienced how lawyers work out here and they are so disappointing.

Regards

Roshan

 

[financier888]

I'm afraid I have the same question , I have paid 50% , in march , in Dubai , no building in site , just received the contract he had added so many clauses that were not in the original MOU OR RESERVATION FORM , developer refusing to give me my escrow balance , nothing but sand augmented by pictures from some friends on this forum . and my money is setting for the last 9 months at zero% , that is if any is still there for he said that he had been using our money to pay for the land .
RERA says go to court for he is in breach of the contract
what do you suggest
please help
i am open to all suggestions
REGARDS

hi Memo - if you purchased this unit in 'Dubai' (if i understand you correctly) - the develoepr HAS to provide you with your escrow balance !! in addition, if you know the name of the bank where the escrow acct is maintained - you can go to the bank and request your balance - they MUST provide you this information. If you do not get satisifaction - and I would send the developer a registered letter requesting my escrow balance - (You'll need this for a law suit) - If the bank cannot locate your escrow payment (credit) then try to get it in writing.. -(the bank may not do this.... unless you can get someone like a bank director that is sympathetic - but dont count on it...) make sure you get a card from the person at the bank you are dealing with and log the event...date, time etc... again - info you'll need in a law suit.

No satisifaction - file a complaint with RERA post haste - then try to contact other buyers... this is a direct vilolation of the law.. ALSO - try to get the contact info of the escrow administrator - a 3rd party that interfaces with RERA, the Developer and the Bank... talk to them... they most certaingly want to know if the developer is working outside of the LAW and is not in compliance. Their job is ensure that the developer is complying with the LAW

In regard to getting the SPA that is loaded with other terms and conditions beyond the imagination - i understand.. ( I worked in this area) New laws in Dubai require that the SPA be submitted to the Master Developer BEFORE the developer is allowed to market the project - so, in essence, even though the deveoper will issue the SPA up to a year after you have been making installments based on the simple (usually) 2 page reservation form - they are holding the SPA.
Before I would buy in Dubai now, I would insist on being able to review the SPA - BEFORE executing the reservation form. There is absolutely no reason why any honest developer would deny you this - unless they were hiding some bombshells.

In the past, most developer were of the mindset - no point turing over the SPA - because most initial buyers flipped their contract - so, wait until 30-40% has been paid etc..... usually a year The SPA's in Dubai are comprehensive and of course, written in favor of the developer. (he has drawn the contract!) - on the other side of the spectrum, I have some from Ajman - that were a complete joke. (less than 3 pages whereupon the ones in Dubia run about 40 pages...)

at least in Dubai - there are laws and the courts will protect you and new laws will improve investor protection. Ajman, well, this is going to take time and many of the projects up there will never see the light of day

good luck

 

[memo123]

Thank you Roshan

I have gone through all the articles in RERA and the developer is in violation of so many
and as for representing my self i believe i can do a good job at it
but I dont live in the UAE and between filing a court case and the hearing i dont know how long it takes .
have you any clue?
thank you and reagrds

Sue the B@#%&*D. Most of the times investors including myself are scared of losing money and would not like to get into the legal wrangle. But when a limit is reached, then you would like to hit back.

Don't go by what RERA says as it's only verbal and nothing documented.

Instead of hiring a lawyer. Look into the possibility of representing your own case. After all there will be interpreters in court. Lawyers will charge you a bomb and will stand like statues in court.

I have experienced how lawyers work out here and they are so disappointing.

Regards

Roshan

 

[memo123]

Thank you very much for all your advices

hi Memo - if you purchased this unit in 'Dubai' (if i understand you correctly) - the develoepr HAS to provide you with your escrow balance !!
in addition, if you know the name of the bank where the escrow acct is maintained - you can go to the bank[i cant go to the bank , for i don't live in the UAE. AND THAT IS WHY THE DEVELOPER IS TOYING WITH ME , HE KEEPS ON SAYING IT IS YOUR ACCOUNT , GO AND GET YOUR BALANCE ALTHOUGH I KNOW MY INITIAL 15% DIDN'T GO TO THE ESCROW ACCOUNT /B] ,
and request your balance - they MUST provide you this information.
If you do not get satisifaction - and I would send the developer a registered letter requesting my escrow balance
[B]THIS I WILL DO NOW [/B]- (You'll need this for a law suit) - If the bank cannot locate your escrow payment (credit) then try to get it in writing.. -(the bank may not do this.... unless you can get someone like a bank director that is sympathetic - but dont count on it...) make sure you get a card from the person at the bank you are dealing with and log the event...date, time etc... again - info you'll need in a law suit. [B]The developer admitted that he keeps the escrow for each of his buildings in a bulk and not per unit sold

No satisifaction - file a complaint with RERA post haste -[B]I called RERA and they told me that he has no right to use the escrow balance for the land and that is a breach of contract and told me to go to the property court [/B] then try to contact other buyers...I did try to contact other buyers and even showed them pictures that nothing is done in any of the buildings and most of the stopped paying him , yet the developer has received an average of 55% on all his building , 7 of them and done nothing , except buying land , and now with the new rule where we don't have to pay him anymore , i don't think this developer is capable of building anything this is a direct vilolation of the law.. ALSO - try to get the contact info of the escrow administrator - a 3rd party that interfaces with RERA, the Developer and the Bank... talk to them..Sorry this part I didn't understand , i get rera +bank+developer, I already spoke to the developer , I only wish I had a tape recorder to tape all that he said , and already spoke to RERA
they most certaingly want to know if the developer is working outside of the LAW and is not in compliance. Their job is ensure that the developer is complying with the LAW. [B]How can i get Rera inspectors to go to the site to see how the developer is lying [/B]
In regard to getting the SPA that is loaded with other terms and conditions beyond the imagination - i understand.. I would never sign this SPA and this developer didn't register any unit , although RERA suggested that i register mine so if the developer defaults which i expect very soon , i can get all my money back , but they added that i need to get a non objection letter to register my unit from the developer , he said he wont give me unless i sign the SPA ( I worked in this area) New laws in Dubai require that the SPA be submitted to the Master Developer BEFORE the developer is allowed to market the project - so, in essence, even though the deveoper will issue the SPA up to a year after you have been making installments based on the simple (usually) 2 page reservation form - they are holding the SPA.
Before I would buy in Dubai now, I would insist on being able to review the SPA - BEFORE executing the reservation form. There is absolutely no reason why any honest developer would deny you this - unless they were hiding some bombshells. [B]IT IS ALREADY DONE , CANT REVERS IT now , if I GOT MY RECEIPT FOR MY FIRST PAYMENT 2 MONTHS AFTER I PAID AND AFTER DOZENS OF CALLS[/B]In the past, most developer were of the mindset - no point turing over the SPA - because most initial buyers flipped their contract - so, wait until 30-40% has been paid etc..... usually a year The SPA's in Dubai are comprehensive and of course, written in favor of the developer. (he has drawn the contract!) - on the other side of the spectrum, I have some from Ajman - that were a complete joke. (less than 3 pages whereupon the ones in Dubia run about 40 pages...)

at least in Dubai - there are laws and the courts will protect you and new laws will improve investor protection. Ajman, well, this is going to take time and many of the projects up there will never see the light of day

good luck

Thank you again , you really know your Job well please keepinformed of what to do , we need people with your expertise on this blog
Regards
Memo
P.S . Do you think i can go to the property court , file a case against this developer and represent my selF , i went through the old 199... law and the 14th August articles 2008, and in both he is breaching many articles.

 

[sayed]

hi
has anyone got dealings with dubai heaven on earth?
they have taken 50% of money amounting to almost 40k pounds and now after a year are saying their project is delayed
when asked for refund- they first stated they would pay in about 24 months (although they took the money within 3 months from us)
now they are saying they will pay in 60 months-
i think this is daylight robbery- any one with similar experience?any suggestions?

 

[sabreen007]

what are you doing?

i am in dealings with teh same company and am sufferring from deep depression due to their actions. I have serious doubts about them as they are not intersted in their existing customers anymore. how are you getting your money back?

 

[sami71]

inform rera and take ligele action

 

[memo123]

RERA will tell you they cant do anything for you and to go for a legal action

 

[sabreen007]

are you a customer of HOE

Are you a customer of heaven on earth developers? I dont know what to do . The legal system in dubai is really complex

 

[East end barrow boy]

Get a hit man.

Any local legal professional, has a licence issued by the local authority, who will recind the licence as soon as the developer, (or his brother),demands it.

Kay Junior

 

[memo123]

Hi form a group for this project, sign a petition for project cancellation and take it with your project group to Marwan Bin Ghalitah in RERA and convince him to cancel this project . They in RERA have formed a panel to cancel all projects that they see are not feasible any more