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        Wednesday, April 22, 2009   
Dubai law pins down property defaulters
Alineah.com - Dubai law pins down property defaulters
<http://www.alineah.com/news/322/detail.htm> 

The Dubai Land Department is planning to issue an amended property law
that will determine refunds for investors who default on their payments
based on construction progress of the project, according to lawyers
briefed on the matter.

The move will bring clarity to the property market in Dubai, where a
credit squeeze and the effects of the global financial crisis have led
to defaults by home buyers. But some investors have criticised the
amendment for being too heavily in favour of developers.

Lawyers say the amendment to article 11 of Dubai Law 13 of 2008 will
stipulate that in cases where a buyer defaults and the developer has
constructed at least 80 per cent of the project, the buyer loses all
money paid to that point. The home can then be auctioned to compensate
the developer for the rest of the cost.

If a developer has completed at least 60 per cent of the project and the
buyer defaults, the developer is entitled to keep 40 per cent of the
purchase price.

But if a developer has completed less than 60 per cent of the project,
it can only keep 25 per cent of the purchase price.

If the developer has not been able to start construction "without any
negligence or omission on the developer's part", the developer may keep
30 per cent of the money paid by the buyer to that point.

Developers would have to refund any money due to the purchaser within
one year, or within 60 days of the resale of the home.

A legal briefing from the law firm Clyde & Co said the amendment
"provides much anticipated clarification regarding the procedures
required to be followed by developers in respect of defaulting
purchasers, as well as the rights of developers to retain purchaser
monies upon cancellation".

The original law specified that if a buyer defaulted on payments to the
developer, the buyer would be able to recover 70 per cent of any money
they had turned over to that point.

But when the property market started to face difficulties last autumn,
the Real Estate Regulatory Agency (RERA) issued an interpretation of the
law that said the developer could retain 30 per cent of the total price
of the property. (more news detail
<http://www.alineah.com/news/322/detail.htm> )
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