Shop in International city. Need help!!!

[adrian07]

Hi.

Good day to everyone.

I'm a buyer for a shop situated in International City which was paid in full, I have problem to with seller who refuse to handover property.
I hope you can help me out here. I have email to RERA regarding to this matter and waiting for thier response.

I have purchased (paid in full on 2007) a shop from property company called "Vakson" "was really a big misktake not purchasing from developer"

Nightmare started when they have charged me for a commission charge of 2% and tried to charge me some unknown fees.
I had to pay this commission charge direct to the salesman's bank account because they wouldn't handover the property without this payment.
But later, they came up with really unknown fees, then I figured something was wrong.
So I had to take this matter to the court and they did fix unknown fees but I couldn't get commission paid direct to salesman. He was left country and could not contact him anymore.

After so many years of court case, I realize I was wasting time and money, so I decided to procede handover procedure giving up commission paid to the salesman.

I did contact to Vakson and paid

1) Land registration fee AED 5170
2) processing and service fee AED 2500
3) 2% Nakheel registration fee AED 10340.00
4) Building and community service fee AED 4265.25
5) Building and cummunity sinking fund AED 1401.06

I had doubt to pay building and community service fee and sinking fee but I have paid anyway because i wanted to get over and finish this disgusting deal with Vakson.

But they sent me a email with another invoice Owner Ledger saying "Once these service charges are paid we will apply for the Land Department NOC (to be issued by Nakheel) Normal time for this 5 - working days the cost of AED 500/- will be borne by"

The seller name was printed on Owner Ledger document.

I have contacted Nakheel customer care and they told me service charge will be seller's duty up to change of ownership date.

Could anyone give me a advise what must I do in this case when seller refuse to handover the property where they say service charge is buyer's duty?

Thank you for reading long message.

Best Regards

Adrian

 

[MohsinAK]

I believe service charges are to be paid by the owner of the property i.e. before the date of transfer they are the seller responsibility and after the transfer date the buyers. usually to get NOC Nakheel would take an advance for service and other charges so it is common for the buyer to reimburse the extra dues paid by the seller.

 

[adrian07]

Dear MohsinAK

Thanks you for your reply.

It upsets me to fight with principal.
As I don't live in Dubai, is very hard to find out from autorithy about Dubai's property's rule and regulation.

I've called and emailed so many times to Rera and Nakheel for this matter.
But they don't response. I feel like a small man fighting against to giant.

My impression about RERA is they are more in favor to giant company then small investors.
What a dissapointment!!!

They are leaving me with no option but to pay fees which Im not suppose to pay and get over with bad investment I did.

Thanks you and Regards

 

[MohsinAK]

Best to settle everything and get possession as soon as possible so you can at least start making something out of the shop by renting it out. I dont get one thing though do you have an SPA signed by both parties or maybe a title deed in your name? If so i dont see how they are not giving you possession of the shop.

 

[adrian07]

Title deed should be on seller's name, because I never did change of ownership yet.
I'm going april next month to do change of ownership.
Nakheel's owner ledger indicate seller's name as well.

Do you know how is International city right now? Is it vivid and full of open shop?
Do you know property agent who specialize International City shops for rental?

Thanks

 

[MohsinAK]

Well small shops it seems are considered to be "Hot Rental Properties' as can fetch upto AED 45/sq.ft. even if they are Shell & Core as far as agents go every agent in International City it seems specializes in everything..