UAE 656/2015/1

This case involved defects in a new build property. The key issue was whether the court had been right to demand the contract be cancelled. The extent and seriousness of the defects should have been explained when making such a ruling.

Background

A Plaintiff filed suit No. of 2012 against the Defendants requesting the court to appoint an expert to inspect an apartment to identify the non-conforming work and indicate whether repairs were needed and the damage caused. This claim was based on the fact that the Plaintiff concluded a contract of sale with the Defendants under to buy a residential apartment (Penthouse) for a total amount of 877,821, 9 AED. The parties agreed that the date of delivery would be between 1/6/2009 and 31/12/2009.

It was also agreed in clause 6/1 that the first party would build the project in accordance with the drawings and specifications prepared for the project and in accordance with the provisions of laws in Sharjah.

However, after the delivery, the Plaintiff found defects in the apartment and decided to file the lawsuit.

Proceedings:

Court of First Instance - Decision dated 26/5/2015.