case-14

Explanation of the problem

I purchased an off-plan property in Dubai in 2007 with a contracted completion hand over date in 2010. I was regularly trying to reach the developer from 2007 to 2009 but they were not providing a reasonable response as to why there was no progress on the construction. From 2009 to 2011 I tried continually to communicate with them but the contact email address and telephone numbers were not working anymore which was of a big concern. The lack of response and communication was worrying leading me to believe my investment had been lost. Now that I am back in the UAE, I have realised that the project HAS been completed with a total of 5 years delay and they have cancelled my contract and sold my apartment to somebody else.
I was at a loss as to what steps I could take to at least recover some of the money that had been lost and I felt in selling my unit the developer had acted unlawfully. As I no longer live in Dubai and as I was out of UAE the majority of the time it was difficult to find out who I should go to for to get some answers and also find out it it would infact be a viable option to take legal action.

How I found Freehold?

I found out about the services of FMI through an online forum, and some other investors who I came into contact with who were in a similar position to myself. I subsequently registered and was provided with a book that detailed my options for Settlement, Litigation and Asset Relocation since I was confident that the developer was not going to directly offer a settlement to me. As the building is now complete and I would still like to own my original unit I felt Asset Relocation was not the route I wanted to go down but Litigation suited my requirements better.

Benefits of Resolution

FMI supplied a list of Law Companies with a history of achieving success against the developer in question, ultimately they were willing to take on my case without an initial fee being charged. The only costs applied were the translation fees for my documents to be translated to Arabic and basic court fees. The law firm accepted a “no-win, no-fee” arrangement.

Recommendation

FMI has provided me with a quick and effective solution with minimal costs to myself, therefore I would recommend their services to all in a similar predicament.
case13

Explanation of the problem

The off-plan property I bought during 2007 was planned to be completed in 2010. My payment plan comprised of 50% prior to completion and the balance to be paid after completion within  a 2 year period. The property was completed with after a 4-5 years delay and now they are asking me to make the full payment. I feel the delay has been their issue and as per my original payment plan I should not be liable to pay the balance for the agreed 2 years after hand over. They are refusing to hand over the property unless I make the full payment. They have advised  that the longer I refuse to make the payment the bigger the penalty I will incur, they then went ahead and cancelled my contract.

How I found Freehold?

I was put in touch with Freehold Mediation and Information by a friend who had also purchased units in the same building. Freehold referred me to a law firm who had previously won cases against the developer and they acted as mediator between us both. My problem was thankfully resolved in less than a month. On the advise of the consultant from Freehold we gave the developer two options, to which they accepted to honour the original agreement and payment plan and due to the delay re-arrange the schedule and extend from 24 months to 30 months.

Benefits of Resolution

When I approached the developer as an individual I felt they were not taking me seriously but  with backing of a lawyer they responded in a completely different manner, especially as the lawyer had already been successful in some previous cases against them. Ultimately I exceeded what I had set out to accomplish.

Recommendation

I’m extremely grateful to Freehold Mediation and Information for their help and support in achieving a result beyond my expectations and would for sure recommend them to anyone who faces similar issues as myself.
head12

Explanation of the problem

My property was completed with a 4 year delay and the finishing quality was of a substandard   and did not match both my expectations and the details indicated in the SPA. Considering the length of delay, market changes and the finishing quality, the property did not suit my investment category anymore. I decided I would like a refund on my investment as well a penalty payment for the delay or alternatively find a property that suits my investment criteria, at least a property similar to my original expectation.

How I found Freehold?

I was referred by a friend who had also purchased property in the same building. FMI offered me 3 options 1. Settlement – which I may have been able to get a level of discount due to the delay and low quality of the finishing. 2. Enter into litigation to get a discount and to get some form of penalty payment. 3. Exchange my property to a different tower.

Benefits of Resolution

The Mediator provided a professional and somewhat ruthless approach between myself and the developer and ultimately was able to gain full respect and cooperation from the developer. The outcome was that I achieved exactly what I set to do.

Recommendation

Without hesitation I would recommend FMI to all off-plan property purchasers and investors who have experienced the same frustrating issues as I have.

The Services FMI Provided

Situation analysis

By providing 3+market study (provided in PA research book).
Clients will:

  • Will see the status of their project
  • Will get an updated market value
  • will be able to categorize their investment ie does the project in respect of court status and market price still suits the investors category of investment as “short term” , “long term” or “end user”

Option analysis:

by providing update information from previous litigation cases (provided in PA research book)

Execution:

Providing list of law firms

Depends on:

  • experience against developer (win cases )
  • value of investment
  • level of construction
  • location of project

Organizing meeting with law firm and providing update

The Services FMI Provided

Situation analysis

By providing 3+market study (provided in PA research book).
Clients will:

  • Will see the status of their project
  • Will get an updated market value
  • will be able to categorize their investment ie does the project in respect of court status and market price still suits the investors category of investment as “short term” , “long term” or “end user”

Option analysis:

Providing consultancy for best settlement options (provided in PA research book):

  1. price : depends on current market study and time of construction delay
  2. payments plan: initial payment plan, construction status , maximum security for client and required cash flow for project.

Execution:

Providing list of mediators depends on:

  • experience with developer
  • value of investment
  • level of construction
  • location of project

Organising meeting with mediators and providing update

The Services FMI Provided

Situation analysis

By providing 3+market study (provided in PA research book)
Clients will:

  • Will see the status of their project
  • Will get an updated market value
  • will be able to categorize their investment ie does the project in respect of court status and market price still suits the investors category of investment as “short term” , “long term” or “end user”

By providing 3+market study (provided in PA research book)
Clients will:

  • Evaluate status of project
  • Update market value
  • Evaluate category investment: dose the project with court status and market price still suits his category of investment as “short term” , “long term” and “end use

Option analysis:

Providing list of options for asset relocation (provided in booklet)

Including :

  • names of developers (who will accept the credit )
  • project name
  • unit details
  • Deal and payment terms

Providing market study for options of relocation (provided in booklet)

Execution:

facilitating meeting with investment advisor for:

  • Matching client category of investment with selected unit
  • approving payment capability of client due to payment plan
  • reporting counter offer from client to developer