Breach of Contract notice from Land Department

[dubainvestor]

We have received a letter from the Dubai Land Department that states our developer (Triplanet International FZC) is claiming a breach of contract by us.
The form we have been sent is requesting that we complete and send back with one of five boxes ticked The boxes give us the options to accept the violation and continue the contract within a specified time, accept the violation and cancel the contract, accept the violation and settle with the developer, deny the violation and cancel the contract or deny the violation and settle with the developer.
The details of the breach of contract are supplied with the forms and printed on a letter direct from Triplanet - but they are in Arabic only, so we have no idea what the violation is they are accusing us of.
The form makes refeerence to LAW 13 and as we understand it, if we are in breach under LAW13 we are entitled to 70% of our money back. If this is the case we are happy to terminate the agreement, but we obviously do not want to admit or deny any violation that we do not understand.

PLEASE CAN SOMEONE GIVE US ADVISE AND HELP US TO TRANSLATE THE LETTER FROM TRIPLANET.

 

[Enjoy83]

We have received a letter from the Dubai Land Department that states our developer (Triplanet International FZC) is claiming a breach of contract by us.
The form we have been sent is requesting that we complete and send back with one of five boxes ticked The boxes give us the options to accept the violation and continue the contract within a specified time, accept the violation and cancel the contract, accept the violation and settle with the developer, deny the violation and cancel the contract or deny the violation and settle with the developer.
The details of the breach of contract are supplied with the forms and printed on a letter direct from Triplanet - but they are in Arabic only, so we have no idea what the violation is they are accusing us of.
The form makes refeerence to LAW 13 and as we understand it, if we are in breach under LAW13 we are entitled to 70% of our money back. If this is the case we are happy to terminate the agreement, but we obviously do not want to admit or deny any violation that we do not understand.

PLEASE CAN SOMEONE GIVE US ADVISE AND HELP US TO TRANSLATE THE LETTER FROM TRIPLANET.

Hi, in which project you have the aparment? how much you paid till now and what is the reason you received the letter? Not paying the installments due?

Basically I also have a studio in Elite 6 and I have paid 40% towards towards the total amount, now I dont want to pay more as they prices are much much lower and secondly I dont see the project completing in next 1.5 to 2 years. I stopped the payments and they sent me notices that they will report to land dept. I responded I want to cancel the apartment and do not wish to pay further, at such instance the developer will keep 30% of the total apartment value and whatever left will be returned, hence in my case I will get back 10% which I am willining to take, atleast get back something from a lost venture rather than loosing all. Its been two months but developer is keep delaying it. I am basically waiting to get this letter which you have received, once I receive this letter I will tick the option of accepting the breach (which is not making the payments in time) and cancel the apartment.

Can you please let me know what says in the letter regarding getting the amount? when you can get it back?

What is your status how much you paid? Best of Luck.

Stay in touch.....

 

[dubainvestor]

Hi, in which project you have the aparment? how much you paid till now and what is the reason you received the letter? Not paying the installments due?

Basically I also have a studio in Elite 6 and I have paid 40% towards towards the total amount, now I dont want to pay more as they prices are much much lower and secondly I dont see the project completing in next 1.5 to 2 years. I stopped the payments and they sent me notices that they will report to land dept. I responded I want to cancel the apartment and do not wish to pay further, at such instance the developer will keep 30% of the total apartment value and whatever left will be returned, hence in my case I will get back 10% which I am willining to take, atleast get back something from a lost venture rather than loosing all. Its been two months but developer is keep delaying it. I am basically waiting to get this letter which you have received, once I receive this letter I will tick the option of accepting the breach (which is not making the payments in time) and cancel the apartment.

Can you please let me know what says in the letter regarding getting the amount? when you can get it back?

What is your status how much you paid? Best of Luck.

Stay in touch.....

That's the problem, we cannot tell what they are claiming the breach is as that has only been sent to us in Arabic, we need this translated to be able to respond.
Also, they are quoting LAW13 and everyone we have spoken to states that they are able to retain 30% of money paid and not total purchase price under this law. As far as we are aware it is LAW 9 that states retention of a certain amount of the purchase price.

 

[Enjoy83]

That's the problem, we cannot tell what they are claiming the breach is as that has only been sent to us in Arabic, we need this translated to be able to respond.
Also, they are quoting LAW13 and everyone we have spoken to states that they are able to retain 30% of money paid and not total purchase price under this law. As far as we are aware it is LAW 9 that states retention of a certain amount of the purchase price.

Ohk. I would suggest to get it translated soon as possible and try getting your amount back ans if its 30% of paid amount then its a really good news. I hope to get my letter soon as well from the developer.

 

[dubainvestor]

I will translate it for you

Thank you very much - I have uploaded it but have never done this before on this site - I hope it works.:hmmmm2:

 

[dubainvestor]

Sirs at RERA
Head of legal department
Triplanet.......
Project #.......
Subject : Default in instalments paymens
with refrence to the above mentioned subject Mr...................
did not adhere to the rules and clauses of the signed agreement between us by not paying his due payments for units ...... ......... and we have already informed him about these payments and still he didnt pay
the table : payments 30% completion 22% amount due 15%
we are inclosing here all the letters sent already to him and he has not responded and still has not paid his dues and we have givn him a final warning on 3/12/2009
So we ask you here to give this buyer a warning asking him to pay his dues and to adhere to the clauses in the agreement within 30 days and after that take the necessary legal action withing the laws worked on
we thank u
Triplanet

Hope this help

Reagrds

Thank you very much, it is most helpful. We will now be able to go back to the Land Department knowing where we stand.

 

[financier888]

Thank you very much, it is most helpful. We will now be able to go back to the Land Department knowing where we stand.

I would suggest you consult ESCROW OFFICER on this forum and just run it by him - also ask him about what is involved with getting your refund back from the developer - as to your recourse - just to make sure. Will your refund come out of the escrow acct? etc..

good luck.

 

[Stephendxb]

Don't give up to quick

Let me reiterate something I have said in the past. Getting money back will not be easy if no fixed timeframe is adhered too. You must have a legal document drawn up stating how and when any refund will be paid, that’s if you really want to go that route.

If you look at the laws carefully you will find in many cases that the “Developer” is actually was and may still be in breach of contract, although letters from them would indicate otherwise. Cover all bases before you give up your hard earn cash.

 

[fws]

Thank you very much, it is most helpful. We will now be able to go back to the Land Department knowing where we stand.

Please keep us updated as there are several people in this position, although you have got a letter and are ahead of us in the process. It will be useful to know how you get on.

 

[reasonant]

I was advised that "if you receive a default notice from the land department" you are under default in eyes of law. I suggest you respond to the notice within thirty days and also get in touch with a law firm!

 

[oasis2buyer]

Once the notice is issued you have 30 days to pay up or risk losing your money - no one has been successful apart from an investor with Mizin - only court decision publicised.

Article (11)
1. In the event the Purchaser shall be in default of any of the terms and
conditions of the contract for the sale of a Real Estate Unit entered into with
the Developer, the Developer must notify the Department of such default.
Thereupon, the Department shall give the Purchaser, by hand, registered
post or e-mail, a 30-day notice to fulfill his contractual obligations.
2. If at the end of the notice period stipulated in the preceding paragraph the
Purchaser has not fulfilled his contractual obligations, the following
provisions shall apply:
a. in case the Developer has completed at least 80% of the project,
the Developer may keep the full amounts paid and request the
Purchaser to settle the remaining amount of the contract price. If this
was not possible, the Developer may request that the property be
auctioned in order to collect the remaining amounts due to it.
b. in case the Developer has completed at least 60% of the project,
the Developer may revoke the contract and deduct up to 40% of the
purchase price of the Real Estate Unit stipulated in the contract.
c. in case of projects where construction commended but did not
reach 60%, the Developer may revoke the contract and deduct up to
25% of the purchase price of the Real Estate Unit stipulated in the
contract;
d. in case of projects whereat construction has not yet commenced
for reasons beyond the Developer’s control without any
negligence or omission on its part, the Developer may revoke the
contract and deduct up to 30% of the total amounts paid by the
Purchaser.

 

[fws]

I thought you lost a certain percentage of the total price of the apartment according to the stage of construction of the development. Can anyone clarify?

 

[yort]

We have received a letter from the Dubai Land Department that states our developer (Triplanet International FZC) is claiming a breach of contract by us.
The form we have been sent is requesting that we complete and send back with one of five boxes ticked The boxes give us the options to accept the violation and continue the contract within a specified time, accept the violation and cancel the contract, accept the violation and settle with the developer, deny the violation and cancel the contract or deny the violation and settle with the developer.
The details of the breach of contract are supplied with the forms and printed on a letter direct from Triplanet - but they are in Arabic only, so we have no idea what the violation is they are accusing us of.
The form makes refeerence to LAW 13 and as we understand it, if we are in breach under LAW13 we are entitled to 70% of our money back. If this is the case we are happy to terminate the agreement, but we obviously do not want to admit or deny any violation that we do not understand.

PLEASE CAN SOMEONE GIVE US ADVISE AND HELP US TO TRANSLATE THE LETTER FROM TRIPLANET.

Could you please explain to me in which case the developer can keep 25-30% of the pmoney paid and when up to 70% of the proce of the project? I dont understand the laws (13,9).

 

[Mr.Ali]

Developer can retain from 25%-40% of the purchase price, and not of the monies paid. In some cases, even developer can retain all the monies paid !!!!

Could you please explain to me in which case the developer can keep 25-30% of the pmoney paid and when up to 70% of the proce of the project? I dont understand the laws (13,9).

Dear Investors,

Don’t be under the wrong impression.
Developer can retain minimum 25%-40% of the purchase price, and not of the monies paid, if the project is under construction. Secondly, any amounts balance after deduction of 40% of the purchase price are also not guaranteed for refund by the developer. For refund of balance amounts, you will have to go through court proceedings which can take minumum 2 years for court judgement and will also have to bear the huge expense for lawyers and court fees. At the end, you will end up gaining nothing. In some scenarios, developer can even retain ALL THE MONIES PAID !!!!!
BE WARE before giving up your money to the developer !!!
By knowing the above, I don’t think anyone should be willing to give up.
Contact developer and request them to allow the easy installments plan for you if you have difficulty in clearing the total dues or else your money is gone.

 

[Mr.Ali]

Developer can retain from 25%-40% of the purchase price, and not of the monies paid. In some cases, even developer can retain all the monies paid !!!!

You are representing the developer and not badly burnt and ..... Investors

Dear Memo,

Im just advicing others before they decide to give up their money for what they dont know that their money can be forfeted. If you think adciving any human being not to loose their money is WRONG, then its a seperate issue. In that case, i think you are against others money and you will be happy if others loose their money.

RERA laws are very supportive to developer if that developer is constructing.

Im saying this from the sources of people who have gone through this process. No developer will refund any money because developer’s first priority is to build the project and not to refund. I don’t think in this point of time any developer has so much surplus funds that it can also build the project and also refund to buyers. Please note that im discussing here only the developers who are constructing. Those projects on hold or stopped, I don’t know about the legal standing of refunds for those developers but I am 100% sure that those constructing are supported by the RERA. If you think this is wrong and developer has millions in its account to refund, then I regret to say that you are under very wrong illusion.

 

[djaan]

dear investor friends,
i have recieved a Notice from RERA regarding payment to Triplanet issued on 01.09.2010
delivered on 04.10.2010.I have one bed apartement in Elite 3 paid 40% and RERA has given
me 30 days (from date of issue of Letter) time which is not fair but i dont want here to discuss how RERA treating investors that is obvious to all of us.Investing in Dubai was one of my bad expirience but i have to confront it.Now i want to hear from my fellow investors specially fom
Dubaiinvestor because he recieved such a letter how he confronted RERA and if someone else
has any experience please let us know.
Djaan

 

[fws]

Does it say what will happen if you don't make the next payment? Thanks

 

[djaan]

Does it say what will happen if you don't make the next payment? Thanks

it says if i do not pay the developer will be allowed to cancell my unit and
forfeied the paid amount
regards

 

[fws]

Does it say how much of the 40% you will forfeit? Is it the whole amount because I thought they can only keep 30%. Thanks for the information. Our letter will no doubt be sent soon.

 

[memo123]

Can you post RERA letter for us to see

it says if i do not pay the developer will be allowed to cancell my unit and
forfeied the paid amount
regards

Hi Can you scan the letter and post it for us on this site
Thanks