Dear All,
I have heard Shahram Safai from Afridi & Angell (law firm ) to be a good property lawyer. He is a partner in Afridi & Angell ( Dubai based).
We could represent our case if all DP investors can come under our umbrella .
Rgds
From: ajay.b [mailto:aja...@snttadubai.com]
Sent: Sunday, February 22, 2009
5:05 PM
To: 'Rakesh
bohra'; 'bacha...@gmail.com';
'ajit vaswani'; 'Altaf Rashid - Claremont Real Estate'; 'Yogesh'; 'ab...@thepropertystore.com';
'aameer.ka...@ubl.com.pk'; 'Bimal Lulla'; 'CEO';
'Shiraz Osman'; 'csi...@gmail.com'; 'Muna
Dhanani'; 'den...@habibinvestment.com';
'ravi drolia'; 'SAMIR DESAI'; 'drsh...@live.com';
'SR'; 'elkady';
'Kenny R. Paul'; 'far...@smartrealestatedubai.com'; 'gupta...@gmail.com'; 'Mohammed
Hisham'; 'h...@swissarabia.co';
'hussein...@sapguae.ae'; 'hit...@aspiredubai.com'; 'i.n...@thepropertystore.com';
'M. Katout'; 'kokila...@gmail.com';
'Tushar Lakhani'; 'Monesh Manghnani'; 'varun
marodia'; 'mahdi....@arabland.ae';
'preyes...@barargroup.com'; 'Rafiya'; 'vho...@googlegroups.com';
'ze...@tktrealestate.com'; 'Behnoush Hamedi'
Cc: 'anjub...@hotmail.com';
'san...@vdcgroup.com'; 'rsha...@eim.ae'; 'Imran
Shaukat'; 'haniff...@hotmail.com';
'ash...@capricorndubai.com'; 'The Engineer'; 'dubai-proper...@googlegroups.com';
'behnoush hamedi'
Subject: Read & watch
Importance: High
Sensitivity: Confidential
This is markus interview..
http://www.youtube.com/watch?v=sk9Sbpnkd-4&feature=related
http://www.youtube.com/watch?v=SI8fuI2pYZ4
Rgds
Aj
From: ajay.b
[mailto:aja...@snttadubai.com]
Sent: Sunday, February 22, 2009
12:43 PM
To: 'Rakesh
bohra'; 'bacha...@gmail.com';
'ajit vaswani'; 'Altaf Rashid - Claremont Real Estate'; 'Yogesh'; 'ab...@thepropertystore.com';
'aameer.ka...@ubl.com.pk'; 'Bimal Lulla'; 'CEO';
'Shiraz Osman'; 'csi...@gmail.com'; 'Muna
Dhanani'; 'den...@habibinvestment.com';
'ravi drolia'; 'SAMIR DESAI'; 'drsh...@live.com';
'SR'; 'elkady';
'Kenny R. Paul'; 'far...@smartrealestatedubai.com'; 'gupta...@gmail.com'; 'Mohammed
Hisham'; 'h...@swissarabia.co';
'hussein...@sapguae.ae'; 'hit...@aspiredubai.com'; 'i.n...@thepropertystore.com';
'M. Katout'; 'kokila...@gmail.com';
'Tushar Lakhani'; 'Monesh Manghnani'; 'varun
marodia'; 'mahdi....@arabland.ae';
'preyes...@barargroup.com'; 'Rafiya'; 'vho...@googlegroups.com';
'ze...@tktrealestate.com'; 'Behnoush Hamedi'
Cc: 'anjub...@hotmail.com';
'san...@vdcgroup.com'; 'rsha...@eim.ae'; 'Imran
Shaukat'; 'haniff...@hotmail.com';
'ash...@capricorndubai.com'; 'The Engineer'; 'dubai-proper...@googlegroups.com';
'behnoush hamedi'
Subject: RE: Important info
Importance: High
Sensitivity: Confidential
I’ve complained as well.
These are my details..
Your complaint has been registered successfully.
Complaint Number: RERA/02/2009/3284
Request all to do the same.
Aj
From: ajay.b
[mailto:aja...@snttadubai.com]
Sent: Sunday, February 22, 2009
12:26 PM
To: 'Rakesh
bohra'; 'bacha...@gmail.com';
'ajit vaswani'; 'Altaf Rashid - Claremont Real Estate'; 'Yogesh'; 'ab...@thepropertystore.com';
'aameer.ka...@ubl.com.pk'; 'Bimal Lulla'; 'CEO';
'Shiraz Osman'; 'csi...@gmail.com'; 'Muna
Dhanani'; 'den...@habibinvestment.com';
'ravi drolia'; 'SAMIR DESAI'; 'drsh...@live.com';
'SR'; 'elkady';
'Kenny R. Paul'; 'far...@smartrealestatedubai.com'; 'gupta...@gmail.com'; 'Mohammed
Hisham'; 'h...@swissarabia.co';
'hussein...@sapguae.ae'; 'hit...@aspiredubai.com'; 'i.n...@thepropertystore.com';
'M. Katout'; 'kokila...@gmail.com';
'Tushar Lakhani'; 'Monesh Manghnani'; 'varun
marodia'; 'mahdi....@arabland.ae';
'preyes...@barargroup.com'; 'Rafiya'; 'vho...@googlegroups.com';
'ze...@tktrealestate.com'; 'Behnoush Hamedi'
Cc: 'anjub...@hotmail.com';
'san...@vdcgroup.com'; 'rsha...@eim.ae'; 'Imran
Shaukat'; 'haniff...@hotmail.com';
'ash...@capricorndubai.com'; 'The Engineer'; 'dubai-proper...@googlegroups.com';
'behnoush hamedi'
Subject: Important info
Sensitivity: Confidential
Dear Everyone,
Go to www.rpdubai.com web site and register and put your complain in about Deyaar park through the site, it seems much better now and this is what I got from them.
I believe Khawla the legal department of RERA are looking into complains.
Ajay or someone who has access to Google group, put this not on the site, I tried to post this but it keep saying my registration is pending, not sure why, anyway please say:
Deyaar Park Investors, please go to the www.rpdubai.com site and register and put your complain about Deyaar park through the site, mentioned project launched 15 months ago and still no sign of construction and as per project manager for whole Jebel Ali downtown, MR Salim Salah Amin talk on Dubai eye on Sunday 15th of February, infrastraucture of Zone 3 where Deyaar park is located would be ready by January 2010. Deyaar had NOC documents over 1 year ago and they suppose to start construction within 6 months after having the NOC.
Thanks
Behnoush
Guys,
I believe RERA HAVE HAD THEIR FORST MEETING WITH INVESTORS FORUM ( NOT DEVELOPERS!!!).
Please find details of the first discussion.
Following our petition to RERA we today had our first meeting with their CEO Mr Marwan Bin Ghalita, the meeting was productive and will serve as a platform to regular meetings to discuss investors issues and possible solutions, to overcome the situations we all find ourselves in.
There is going to be a press release hopefully on Wednesday by RERA, that our group will be recognised by them as the conduit where investor’s problems with developers can be voiced and heard at the highest level within RERA.
We consider this to be a positive move by RERA, who up until now have only had representation from Developers.
Some answers we managed to obtain today in relation to the questions we have raised in our petition are as follows.
1) Money taken out of escrow to pay for land was only allowed on a
historical basis, where stage payment had been agreed prior to the escrow law, land bought by developers after the implementation of escrow law, would have to be paid for out of developers own funds and not from the escrow account.
2) Law 13 in its original form stands and not the Land Departments
Administrative Circular, this means Developers that cancel contracts will have to pay back at least 70% of any money paid by a purchaser.
However it is still only a Developer that can cancel a contract.
3) If we can prove to RERA that a project that has not started on site
construction, is not financially viable, then RERA will cancel that project. So basically if enough purchasers from one project can prove that without their collective financial support the Developer cannot build, because he does not have any of his own money in the project or he cannot obtain project finance, then RERA will take the responsible step of cancelling that project.
4) RERA also said that any project that was out of the ground and
well under construction would be completed, even if it was not done by the original developer.
RERA want our group to portray the concerns of the off plan purchasers whether investors or end uses. I think they feel if we can collect data from off plan purchasers on a project by project basis and present it to them, then they will be able to ascertain a much more comprehensive picture of the financial makeup of the market. It is clear from today’s meeting that Developers are telling them that it is business as usual and they are not being effected by purchasers defaulting on their payment plans. So it is our responsibility to show RERA that this is simply not true and that we cannot get the mortgages, we were originally promised by most Developers and as a consequence the projects are no longer viable
Nigel P Knight also mentions …
Hi,
At the moment RERA are stating only contracts entered into after law 13 came into force, however this may change if a judge rules in favour of the 70/30 rule being retrospective for a contract entered into before law was promulgated.
If you was given/sent a SPA after Law 13, but it was back dated to before Law 13, then the actual date you sign the SPA applies, so you would be entitled to a minimum of 70% of any money paid back.
Rgds
From: mohammadhanif
mohammad [mailto:haniff...@hotmail.com]
Sent: Sunday, February 22, 2009
6:00 PM
To: aja...@snttadubai.com;
rakes...@gmail.com; bacha...@gmail.com; ajva...@gmail.com;
a...@claremont.ae; alm...@emirates.net.ae; ab...@thepropertystore.com;
aameer.ka...@ubl.com.pk; bimal...@gmail.com; c...@arabland.ae;
crea...@emirates.net.ae; csi...@gmail.com; mas...@emirates.net.ae;
den...@habibinvestment.com; ravid...@gmail.com; samir...@gmail.com;
drsh...@live.com; exp...@eim.ae; elk...@alshaali-co.com;
emirates...@gmail.com; far...@smartrealestatedubai.com;
gupta...@gmail.com; hish...@gmail.com; h...@swissarabia.co;
hussein...@sapguae.ae; hit...@aspiredubai.com;
i.n...@thepropertystore.com; kat...@pc-int.com; kokila...@gmail.com;
tvla...@mailme.ae; rajeshm...@gmail.com; varunm...@gmail.com;
mahdi....@arabland.ae; preyes...@barargroup.com; raf...@mtcdubai.ae;
vho...@googlegroups.com; ze...@tktrealestate.com; in...@idealhomesdubai.com;
anjub...@hotmail.com; san...@vdcgroup.com; rsha...@eim.ae;
imrans...@gmail.com; haniff...@hotmail.com; ash...@capricorndubai.com;
fera...@yahoo.com; dubai-proper...@googlegroups.com;
in...@bkpgeneraltrading.com
Subject: RE: Lawyer
mr AJ
I AM READY WITH YOUR DICISION.
THANKS
MUHAMMAD HANIF FOXY
+971506299591
Get news, entertainment and everything you care about at Live.com. Check it out!
No idea. Need to check with them..
I am sure they are handling a lot of real estate clients.
Aj
Sounds good
Rgds
Emad
From:
dubai-proper...@googlegroups.com
[mailto:dubai-proper...@googlegroups.com] On Behalf Of Isbar
Ali
Sent: Monday, February 23, 2009 11:07 AM
To: dubai-proper...@googlegroups.com
Subject: [Dubai Property Investors] Re: Lawyer
AJ,
On Feb 20, 9:42 pm, OM KHATRI <omkha...@gmail.com> wrote:
> I suggest all investors who want refund should visit Land department
> to register formal claim for refund of payments made in projects where
> developers have collected 20% or more & construction has not started
> yet.
>
> This joint approach may help us to get directives from RERA to
> Developers as all of them are refusing to accept any request for same
> from investors under pretext that money is in ESCROW a/c with RERA &
> can not be refunded till RERA approves.
>
> Pl come forward ASAP
Dear Rizwan. I am ccing, Mr. Shahram in this email. He is partner of angel and afridi. I have personally meet him and I have found him very professional and effective.
|
Best regards, |
|
Tel: +971 4 3296657 |
From:
dubai-proper...@googlegroups.com
[mailto:dubai-proper...@googlegroups.com] On Behalf Of Rizwan
Mohammed
Sent: Monday, February 23, 2009 11:30 AM
To: dubai-proper...@googlegroups.com
Subject: [Dubai Property Investors] Re: Lawyer
Hi,
Hi Nigel,
Thank you so much for your effort! This is really a great achievement.
My concern is how to execute the refund. When the purchaser defaults, the developer cancel the contract and send the termination letter to the purchaser. Then the purchaser should go to the developer or RERA to claim the 70% refund? Thanks again
Sally
From: dubai-proper...@googlegroups.com [mailto:dubai-proper...@googlegroups.com] On Behalf Of NigelP...@aol.com
Sent: 23 February 2009 11:58
To:
dubai-proper...@googlegroups.com
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----- Original Message -----From: Xu, Sally JJSent: Monday, February 23, 2009 12:14 PMSubject: [Dubai Property Investors] Re: Good suggestionHi Nigel,
Thank you so much for your effort! This is really a great achievement.
My concern is how to execute the refund. When the purchaser defaults, the developer cancel the contract and send the termination letter to the purchaser. Then the purchaser should go to the developer or RERA to claim the 70% refund? Thanks again
Sally
From: dubai-proper...@googlegroups.com [mailto:dubai-proper...@googlegroups.com] On Behalf Of NigelP...@aol.com
Sent: 23 February 2009 11:58
To: dubai-proper...@googlegroups.com
Subject: [Dubai Property Investors] Re: Good suggestion
After yesterdays meeting with RERA, any members of our group should voice their concerns through us this will be much more effective, because we will be able to represent you at the highest level.
As I have already mentioned this will involve large numbers of investors from one project coming together, but to elaborate further they will have to state how much they have paid to date and their reason for not adhering to their contract and making further payments.
Our group will get media coverage so hopefully more investors will come forward and join the group from every development in Dubai. However if there is a good percentage of purchasers within a project that can continue to pay and a developer can prove to RERA that they can obtain bridging finance to cover the shortfall of other defaulting investors, which will need to include for 70% refunds as per Law 13, then I am sure RERA will want that project to proceed.
Hi
We went to land department y/day and they directed us to Rera and there is no one in rera to receive any complaints, what do we do.
|
My developer is doing so , he has collected up to 50% , he is not building for 11 months except for only one building and he has just finished pilling , he is not sending notices for payments , for RERA told him to stop collecting , yet this developer is putting all the investors on the slow fire and doing nothing , he is not calling the project cancelled , he is claiming " a bit delayed" he already admitted to some investors that no bank is financing him and admitted to using ower escrow money for all the plots .So he does not have money to refund us , he is staying very very quite , but building nothing . keeping very low profile . So not to open a can of warms .
what would you do in such case ?
and how can i collect all the investors , some have paid 75% . and how can we claim our money back?
When you ask him , he claims he is liquid , but will provide no proof of that , nothing is cancelled and he will build all , the question is when ?
so it is a loss loss for the investor , no money and no building. No registration . nothing .
|
From: Mahesh Mirchandani <mahesh.mi...@gmail.com> |
Hi Nigel
You will know from experience that the clever developers once they sense there is serious danger to their claiming instalment will pretend to have started construction and everyone knows what they do. How complicated is it then to prove the real intention of the developer through rera or any government body. I think this is where the challenge will lie.
|
From: NigelP...@aol.com <NigelP...@aol.com> |
|
Hi Nigel
You will know from experience that the clever developers once they sense there is serious danger to their claiming instalment will pretend to have started construction and everyone knows what they do. How complicated is it then to prove the real intention of the developer through rera or any government body. I think this is where the challenge will lie.
|
From: NigelP...@aol.com <NigelP...@aol.com> |
Sent from my BlackBerry® wireless device
Dear Ajay,
Let us when to visit. we will join you.
Ramesh
Does the under mean anything to Deyaar Park investors ?
See below a copy of the draft
amendment. This may not be the final
version but it does give insight into the way people are thinking. It
also tries to define "construction" started. Even if the law itself
may not be applied retrosepectivly, i would suggest that the
definition of construction can be.
The
way i read the definition, it suggests a building permit must be
in place and a construction (prime) contractor appointed , not just
enabling works.
Please
bear in mind this is only a draft and it will not become legal
until published.
Law
No ( ) of 2009 Concerning the Amendment of Certain Provisions of
Interim Real Estate Register in the Emirate of Dubai No. 13 of 2008
WE, Mohammed bin Rashid Al Maktoum, Ruler of Dubai
After
taking cognisance of the Law No. 8 of 2007 concerning Real
Estate Development Trust Accounts in the Emirate of Dubai;
Law
No. 16 of 2007 on Formulation of Real Estate Regulatory Agency
(RERA);
and
Law No. 13 of 2008 regulating the Interim Real Estate Register in
the Emirate of Dubai (hereinafter referred to as the "original law").
issue the following Law:
Article (1)
The
following definition shall be added to the definitions listed
under Article (2) of the original law:
Agency: Real Estate Agency
Article (2)
The
provisions of Article (11) of the original law shall be replaced
with the following provisions:
Article
(11):
1. In the event that the purchaser defaults on any term of
the
contract he made with the developer for the sale of the real estate
unit, the latter should notify the Department accordingly and the
Department will then give the purchaser 30 days notice by hand,
registered post or email to fulfill his contractual obligations.
2.
If at the end of the period referred to in item 1 of this
Article
the purchaser has not fulfilled his contractual obligations, the
competent court shall apply any of the following provisions:
a.
In case of real estate projects that are still under
construction:
The court may decide to cancel the sale of the real estate unit and
compensate the developer for not more than 25% of the value of sale of
the real estate unit as stipulated in the contract.
b. In case of projects where construction has not started:
court may
decide to cancel the sale of the real estate unit and compensate the
developer for not more than 30% of the value of amounts paid by the
purchaser.
For the purpose of the two items (a) and (b), "construction" shall
mean the receipt of the contractor of the real estate project site and
commencement of contractor's constructional works as per the designs
approved by the competent authorities.
3.
Notwithstanding the provisions of paragraphs (1) and (2)
hereof,
the Agency may, pursuant to a report prepared by it, decide to cancel
the real estate project. In this case, the developer shall refund all
amounts received from the purchasers in accordance with the procedures
and provisions stipulated by the Law No. 8 of 2007 concerning Real
Estate Development Trust Accounts in the Emirate of Dubai.
4.
The purchaser, developer or any party affected by the
decision of
the Agency referred to in the previous item may submit an objection to
the competent court within a period not exceeding ten days from the
date of passing the decision, and the court's decision in that regard
shall be final and categorical and unappealable through any other
court, and such decision shall be executed in accordance with the
applicable legal principles.
Article
(3)
This Law shall be published in the Official Gazette and shall take
effect from its date of publication.
MOHAMMED
BIN RASHID AL MAKTOUM
RULER OF DUBAI
Rgds
aj
From: mohammadhanif
mohammad [mailto:haniff...@hotmail.com]
Sent: Monday, February 23, 2009
5:18 PM
To: AJAY B BHATIA; haniff...@hotmail.com;
rakes...@gmail.com; bacha...@gmail.com; ajva...@gmail.com;
a...@claremont.ae; alm...@emirates.net.ae; ab...@thepropertystore.com;
aameer.ka...@ubl.com.pk; bimal...@gmail.com; c...@arabland.ae;
crea...@emirates.net.ae; csi...@gmail.com; mas...@emirates.net.ae;
den...@habibinvestment.com; ravid...@gmail.com; samir...@gmail.com;
drsh...@live.com; exp...@eim.ae; elk...@alshaali-co.com;
emirates...@gmail.com; far...@smartrealestatedubai.com;
gupta...@gmail.com; hish...@gmail.com; h...@swissarabia.co;
hussein...@sapguae.ae; hit...@aspiredubai.com;
i.n...@thepropertystore.com; kat...@pc-int.com; kokila...@gmail.com;
tvla...@mailme.ae; rajeshm...@gmail.com; varunm...@gmail.com;
mahdi....@arabland.ae; preyes...@barargroup.com; raf...@mtcdubai.ae;
vho...@googlegroups.com; ze...@tktrealestate.com; in...@idealhomesdubai.com;
anjub...@hotmail.com; san...@vdcgroup.com; rsha...@eim.ae;
imrans...@gmail.com; ash...@capricorndubai.com; fera...@yahoo.com;
dubai-proper...@googlegroups.com; in...@bkpgeneraltrading.com;
r...@bhatia-brothers.ae
Subject: RE: Good suggestion
dear aj;
i am ready to visit land department let me know when to arrange .
thanks
muhammad hanif foxy
Invite your mail contacts to join your friends list with Windows Live Spaces. It's easy! Try it!
Hi Everyone,
What everyone did with this Deyaar park case? Is everyone sorted?
From:
ajay.b [mailto:aja...@snttadubai.com]
Sent: 23 February 2009 06:44
To: 'mohammadhanif mohammad';
rakes...@gmail.com; bacha...@gmail.com; ajva...@gmail.com;
a...@claremont.ae; alm...@emirates.net.ae; ab...@thepropertystore.com;
aameer.ka...@ubl.com.pk; bimal...@gmail.com; c...@arabland.ae;
crea...@emirates.net.ae; csi...@gmail.com; mas...@emirates.net.ae; den...@habibinvestment.com;
ravid...@gmail.com; samir...@gmail.com; drsh...@live.com; exp...@eim.ae;
elk...@alshaali-co.com; emirates...@gmail.com;
far...@smartrealestatedubai.com; gupta...@gmail.com; hish...@gmail.com;
h...@swissarabia.co; hussein...@sapguae.ae; hit...@aspiredubai.com;
i.n...@thepropertystore.com; kat...@pc-int.com; kokila...@gmail.com;
tvla...@mailme.ae; rajeshm...@gmail.com; varunm...@gmail.com;
mahdi....@arabland.ae; preyes...@barargroup.com; raf...@mtcdubai.ae;
vho...@googlegroups.com; ze...@tktrealestate.com; in...@idealhomesdubai.com;
anjub...@hotmail.com; san...@vdcgroup.com; rsha...@eim.ae; imrans...@gmail.com; ash...@capricorndubai.com; fera...@yahoo.com; dubai-proper...@googlegroups.com;
in...@bkpgeneraltrading.com
Cc: r...@bhatia-brothers.ae;
anjub...@hotmail.com; rsha...@eim.ae; haniff...@hotmail.com;
ash...@capricorndubai.com; dubai-proper...@googlegroups.com;
'Imran Shaukat'
Subject: Article
Thanks and best regards - Ali