You believe to be on the secure side buying property from hight reputated Developer in Dubai, you believe RERA will help you if you have problems with your developer?
DO NOT MAKE THE MISTAKE LIKE US
Marwan Bin Galita, chief executive of Dubai's Real Estate Regulatory Authority (Rera), said : “Miscommunication and lack of transparency are the major concerns among real estate investors in Dubai!He added: What is abnormal is to ask a question and never get an answer. This is what annoys investors."
A Story of the tragedy buying a holiday home in Dubai - Part IWe are a couple, not young, who visited Dubai since 1999 permanently, mostly staying 1 month every year as tourists in Dubai. We have loved Dubai - but now everthing is destroyed - our confidence in Dubai is gone.
In 2005 we bought an apartment directly from Nakheel, a 100 % Dubai Government owned companie.
The Tower in which our purchased Apartment was, was named Falcon Tower located on Plot H3 , Jumeirah Lake Towers.
This Plot H3, Jumeirah Lake Towers, has become meanwhile ( 2009) very prominent, the Tower here is named Ebony Tower 1 today, which will you see later in this story- as it it today a part of investors complaints at police Dubai January 2009 and the arrest of the Chairman from Dynasty Zarooni.
It was promised us by Nakheel to give us the contract 14 days after paying the deposit of our booking. We paid the deposit, we didn´t get a formal contract. We asked frequently to sent us this document - without any success - without any answer from Nakheel.
Instead give us an answer and sending the contract, we got letters to pay the further installements.
We paid the further installemts, all correct in time, until June 2006 ( 45 % of total 775.00 Dhs).
We wrote letters to Nakheel, no response no contract until June 2006.
August 2006 we and all other investors of this Tower H3 Jumeirah Lake Towers got a letter from DMCC ( 100 % government) that Nakheel has cancel Falcon Tower in it`s current form.
This letter to all invetsors can be seen here:
http://www.skyscrapercity.com/showthread.php?p=24332666We ask Nakheel for the reason , we got the answer::It was just a decission of Nakheel
The Mangement.DMCC ( 100 % Government owned company) told and confirmed us in November 2006, that they got a new developer for Falcon Tower Plot H3 Jumeirah Lake Towers.This developer is a high reputated on in Dubai and this new developer will built the Tower in the current form under the same condition we once agreed with Nakheel,100 % Residential , nothing will change, only the completion will be 6 month later in December 2008.
So we agreed to be tranfered ,under the same conditions agreed with Nakheel to get our apartment in a 100 % residetial tower with no changes in the condition and options agreed with Nakheel. DMCC wrote that the contract will be given upon this agreement by the new developer.
The new developer was Al Fajer Properties ( ownded by Hasher Al Maktoum, President of Al Fajer Properties today his son Maktoum Hasher Maktoum Al Maktoum).
After this transfer the real nightmare starts.
The new deveopler Al Fajer Properties was adviced by DMCC to fix the agreement in an offcial contract with us.
Since November 2006 Al Fajer Properties gave us the illusion everything is going smooth.
We ask again and again for the contract, meanwhile with our lawyer.
We wrote endless letters since that time to Al Fajer Properties and asked again an again to dent us the contract to the agreemnt taken in Navember 2006. Each month they promised us to do so, but it doesnt happen.
In October 2007, during our 4 week holidays in Dubai, we ask for a meeting together with our lawyer to clear now finaly the fact of the long awaited promise of a porper contract, in which the agreement of 13 November 2006 from the transfer ( nithing will change to our purchase at Nakheel October 2005) should be fixed.
It was a great pleasure by Al Fajer Properties to give us an audience
Here the CEO AFP, Dr. Shahram Zadeh told us, it will be better for to give up, because Al Fajer will now built only a commercial tower on Plot H3.Falcon Tower Plot H3 will now be named Jumeirah Business Centre 8.
We have been shocked.
As reason for this he said: Look, at the time you pruchase at Nakheel it has been made sense to have an Apartment in Jumeirha Lake Towers. But now, look, Jumeirah Lake Towers is a Free Zone. In a Free Zones it makes no sense to have an Apartment. Therfore Al Fajer Properties will built now only Towers with offices.
Yes , Sharahm Zadeh said, we agreed at this time to DMCC, that nothing will change for you, but now this makes no longer sense for us.
But if you want insist, you want to have longer this Apartment, we will do this. But we will only put 1 or 2 Floors with Apartments. Only you and a gentleman fromAmerica instist. All others left from the transfer have seen that this make now sense to have an Apartment in this Tower.
The general message given by the CEO Al Fajer Properties, Dr. Shahram Zadeh was:
Give up, this will be the best for you.
Look if you stay in a Towers in which will only be 1 or 2 floors residential with Apartments, the rest will be offices, you will have the worst situation you can have. Al Fajer is going to do this now, the Tower will be calles Mixed-Use , but will only contain 1 or 2 Floors with Apartments.
He offered a compensation of 80.000 Dhs, on which he said he has no obligation. The genral message was again: Give up, thats the best you can do.
We considered all this is a bad joke.
If we wish to proceed, he will give the tower only 1 or 2 floor residential,the rest will be offices.He called this 99% commercial and 1 % residential construct a MixedUse Building. with the advice that this will be the worst situation we can have, to live in a building which is going 99 % commercial.
After this long faboulus monolog he hold, Shahram Zadeh topped his argumentation by giving us a draft of a contract, to this now named Mixed-Use Tower Plot H3, Jumeirha Lake Towers , Jumeirah Business Centre 8. specifications.
This contract was peppered with unfair conditions, no specific facts ( no unit size, no description about the concrete Building constition, no iformation about the design of the Tower, Plot H3, no master plan, no information about the Apatment location and so on , but named our 3 installements now 45 % booking, not but naming the sum in this document, but forcing within to get the further installment within 2009, changing the completion of the Tower now to 2010 instead before March 2008) , to make it short, a blanco document, without the marginal facts but within tricky placed misleading facts and ablsolute illegal conditions.
An absolute not signable document.
Whithin this meeting we have ask to provide us with the drawings about the apartment and the Floor and the design of the building, to provide us with the facts , named in the contract Schedule A,B,C - which are plain sheets attached in this draft.
They told us they will sent it to us.
We never got them !
We reminded them, to sent us this drawings and informations, again and again in November - December 2007 , also in differnent emails January 2008. They irgnored this again.
This not reactionwas very strange for us and therfore we whished to know, were our money is deposit by them.
To this they sent us are wrong statement, with misleading informations.
After we said this statement is not ok, Al Fajer starts to act agressive against us.
With an email 31 Januar 2008 Al Fajer Properties pushed us to agree and sign this unsignable contract by saying:
Deadline to decide 1 week and if you don`t agree we Al Fajer Properties will chancel every right and refund only the paid monies ,without any compensation.
We didn`t agree to this, we didn`t sign this unsignable document and the case was given from us to RERA March, 5th. 2008.
Just 5 days after our complaint reached RERA Dubai Al Fajer Properties started on March 10th, 2008 to write us absolute aggressive letters over Denton Wilde Sapte, lawyers of Al Fajer Properties, who forced us again to sign and agree to this incomplete and full of misleading informations peppered document , called by them Contract. Al Fajer Properties extort us again, if we will not do so, they terminate our rights in our Apartment and they wiil refund our 3 installements, already in 2007 transfered to them from Nakheel over DMCC.
Our lawyer answered and told Al Fajer Properties that the dispute is laying in the hands of RERA Dubai . Within this advise to Al Fajer, the comlete letter to RERA with all documents was given to Al Fajer Properties by our lawyer.
Al Fajer Properties ignored this advice.
Their answer was March, 18. 2008 simply sending a cheque with the sum of refund ( total the 45 % installemnet we already paid) via courier to our lawyer.This cheque was not taken and accepted from our lawyer and returned to Al Fajer Properties.
After they got the cheque back, Al Fajer Properties take this as reason to write a letter that they will not longer accept our lawyer .
Since that time our money was still in their hands, we couldn´t ask to give it back, because the extortion out of their letters was, if we take it, the termination in our rights will be done.
Within our correspondence before we have asked Al Fajer Properties to deposit our monies on an escrow account to secure it , they didnt follow this advice.
Instead of staying to 100 % agreement we have with DMCC, Al Fajer Properties tried to kick us out with illegal methodes.
Al Fajer Properties breached the valid agreeement, to deliver us the Apartment in a 100 % Residential Building as agreed at the transfer over DMCC ( 100 % Government).
Our unit today, if residential like we purchased at Nakhee in 2005, is worth 2,2 Mio. AED.
We are from Europe and at the time we bought and paid our 45 % , we had to convert Euro in AED,the currency convertion at this time for the named 45 % ( of total 775.000) was 74.000 Euro.
The offered refund of Al Fajer Properties is 345.000 Dhs our payment we already paid to Nakheel ( 45 % of 775.000 ), which is today 60.000 Euro.
3,5 years without interest, 14.000 Euro currency loss, no apartment plus additional cost for our lawyer , mental stress and destroying us the positive image of Dubai.
Al Fajer Properties is causing us by breaching the agreement a damage of around over 1,5 Million AED. This is a damage status until January 2009.
Part II of this story and why this nightmare is still going on ,will be published soon, the stroy is not at the end
Disclaimer:
Each point of this story is true, can be witness by original documents and other evidence any time by the author.
The victims of this case have tried everthing to resolve the matter in an diplomatic on real existing facts based way with Al Fajer Properties and the lawyers of Al Fajer Properties. Al Fajer Properties and the Lawyer of Denton Wilde Sapte have not been willing to compensate the damage , instead of this they furtheron call their actions lawfully and have meanwhile extent the extort to the victims of this case.
As Al Fajer Properties themselve discribe in letters their actions in this case lawfully, the author of this story follow this statement, to present this lawfull called acts by Al Fajr Properties in the public.
If you wish any further information about the actual status of this case, please do not hesitate to contact us.