My apartment is smaller than sales and purchase agreement

[Faaizah]

Hi everyone, I purchased an apt at 1857 sq ft, developer is saying that the actual flat is smaller by 4%. I,ve checked and it's more like a difference of ten percent smaller...do I have any rights? The developer says that the floor plan is approved by rera, and hence approved and legit...but surely rera didn't go measure each flat? What can I do....help, pls. Thus far I am refusing handover, but after 31st I will be accruing late payments.

 

[fighter]

Hi everyone, I purchased an apt at 1857 sq ft, developer is saying that the actual flat is smaller by 4%. I,ve checked and it's more like a difference of ten percent smaller...do I have any rights? The developer says that the floor plan is approved by rera, and hence approved and legit...but surely rera didn't go measure each flat? What can I do....help, pls. Thus far I am refusing handover, but after 31st I will be accruing late payments.

Have you visited Rera's legal department for help and guidance?

 

[Faaizah]

They aren't very helpful and are actually quite discouraging...after forty minutes of debate, the advisor said it would cost me 3,000aed to get a rera approved surveyor to double check and another 30,000aed to take this to court...to be honest, I felt he was on the side of the developer from the start...I,m willing to proceed, it seems too many people are not complaining formally!

 

[The Association]

Hi Faaziah, Surely the contract is legally binding therefore the builders should be liable for what they promised to you. You can claim that they mislead you, theyve given you false information and they are in breach of the contract.
In my mind, they should either give you your money back or give you a better price according to the new size of the property. I am almost sure that you would be favoured by the courts if you choose to go that route.
Goog luck

 

[Faaizah]

My husband is adamant about getting justice...was hoping to get some learnings from other individuals this might have happened to...seems many people have been in the same boat...I was just hoping to network to hear there experience. Thanks for your reply.

 

[LOUKIC]

Dear Faaizah,

Does you purchase agreement include any clause related to the surface area of the apartment? A good contract would state a tolerance of 5%, and if the surface area is smaller by more than 5%, the purchase price should be reduced accordingly. Also sometimes contracts exlude the seller from any responsability if there are differences on completion.
If you are covered in your contract, you will have better chance to obtain a price reduction.
In my opinion, you should notify in writing (via recorded delivery) to the developer that the surface area is less that he promissed and asked for a discount, to be taken from the last instalment. Your claim should be supported by a surveyor report.

All the best

 

[prescott]

Dear Faaizah,

Does you purchase agreement include any clause related to the surface area of the apartment? A good contract would state a tolerance of 5%, and if the surface area is smaller by more than 5%, the purchase price should be reduced accordingly. Also sometimes contracts exlude the seller from any responsability if there are differences on completion.
If you are covered in your contract, you will have better chance to obtain a price reduction.
In my opinion, you should notify in writing (via recorded delivery) to the developer that the surface area is less that he promissed and asked for a discount, to be taken from the last instalment. Your claim should be supported by a surveyor report.

All the best

Dear Faaizah,

As per law No. 13 of 2010, it is clear that the Developer has to refund difference if the size is less than 5%. If the difference is less than 5% you will not get any refund as per law.

 

[East end barrow boy]

Forget the law, it only applies AGAINST you

The developers have no money, cos all the buildings that they built their empire on, are not sold, so no cash.

Just say thank God, or whoever, that you actually have your property.

Then you can worry about the title deeds....

Save your Aeds, you will need them to pay your Mainteance fees.

barrow boy