DCC 30/2009

This case involved the cancellation of a property sale as the property was to be delayed more than the time stated in the contract. The property had not been registered in the interim register.

Background

Some parties signed a contract in 2008 by virtue of which the Defendant sold a villa to the Plaintiff to be delivered in 2009.

According to the contract, the seller had the right to postpone the delivery for a maximum of six months provided that he notified the buyer and rescheduled the payments.

The buyer paid a first payment.

The seller notified him of a delay of one year, so the buyer addressed a letter to him requesting an indemnification to cover the damages caused by the delay.

The seller did not reply so the buyer notified him about the cancellation of the contact.

The Real Estate Section informed the court that the property was not registered in the Interim Real Estate Register.

Proceedings

Claim no 59 of 2009 before the first instance civil court of Dubai.

The Plaintiff requested the cancellation of the contract and the reimbursement of the sum paid in execution of the contract in addition to an indemnification.