DCC 55/2009/2

This case involved whether an off-plan property sale contract could be rescinded as construction had not started in a timely manner. A key issue was the status of evidence construction had started including an English language document.

Background

An Appellant filed suit No. 217 of 2009 against the Respondent requesting the termination of an agreement dated 15-7-2008 and a provisional request demanding its annulment for not registering the sale in the initial land registry and finally requesting the Respondent refund 60 / 2,812,536 AED and compensate them for loss of profits by depriving him of the investment of this amount in addition to an interest of 12% per annum from the date of receipt of the amount on 30-7-2008 until full payment.

The Appellant claimed that under the agreement, the Respondent sold to him a floor in a building offplan on the basis of freehold ownership with a residential visa worth 18.750244 AED for which he paid 60/2.812536 AED.

However, the Respondent breached its obligations in the sale agreement, did not start implementing the project or taking the necessary procedures to obtain residency in the country.