January 27th, 2011, 01:56 PM
This thread is dedicated for all Jumairah Village villa victims who seek legal action and assistence with sharing updated info about Nakheel as developer,and lawfirms assisting with these cases or lawyers and examples..
January 27th, 2011, 02:03 PM
I've just posted the below, in a previous thread;
Good point raised by camelrider regarding previous cases by the solicitor. I am skeptical of solicitors talking up the chances of winning cases and getting damages awarded so that we pay their fees to proceed. Can any solicitor confirm any such cases they have won? Any case law or precedence they are going to use? Will they work on a no win, no fee basis if they are so confident. (if they win the case and get the contracts terminated, any damages related to my case they can keep as a bonus!!)
From my review of the Contracts; Clause 8.1 - The governing law is the emirate of Dubai and UAE to the extent the laws are not inconsistent with principles of 'sharia'. From what I know a contract cannot break governing law, so here are some interesting issues based on the principles of ‘Sharia’ I feel could be considered;
1) Uncertainty (gharar) in a contract is prohibited - The period of handover and in the event that the handover was delayed, then the recourse available, should have been made clear. I know Nakheels standard response is it was ‘anticpated handover’ however is it reasonable to assume that in Jan 2011 the properties would still not be completed and handed over. This to me is uncertainty.
2) Risk should be shared – As the anticipated handover of Dec 08 – Mar 08, which as per above could only be delayed by one year, delay of more than one year is a risk, which should be shared and identified. Should TAMWEEL/AMLAK etc not pursue NAKHEEL for breach of this event or at least identify the recourse available for this unknown and unshared risk?
3) As per my forward lease agreement Clause 5 - Termination, it is only cases whereby i can be in default and not TAMWEEL or NAKHEEL which again as per the principles of 'Sharia' seems non compliant' as based on equal risk being a principle if the Project is not delivered on time then this would be a default by TAMWEEL/AMLAK / NAKHEEL, which should be clearly stated to respect the rights of all parties to the agreement?
With regards to these issues forming part of our contracts I believe that the likes of Tamweel & Amlak have a duty of care to its customers to pursue Nakheel for Breach of Contract on this development and Tamweel / Amlak / Nakheel have a shared responsibility in this fiasco of late delivery of the Properties and should not be able to hide behind smoke and mirrors, whilst extorting monies from investors for delayed properties, which if made available will not have the advertised Visa, Infrastructure, Facilities, Amenities etc.
I invested in Jumeriah Village to hopefully live there, but the final product if ever delivered will not be what was sold to me. I realize everyone has comments on, you should not have invested without proper laws etc, but foolishly I thought that with all contracts having to be ‘sharia’ compliant that this should offer some fairness to the contract rather than the legal minefields of other legal jurisdictions.
To be clear I do not want damages, I only want(wish) Tamweel / Nakheel to accept they are in default of the purchase/sale agreement and terminate the contract, so I can be free of the absolute disgrace that is Jumeriah Village, Nakheel, Tamweel and Dubai Real Estate.
I have addressed these issues to Tamweels complaints dept and Fatwa & Supervisory Board, however I am still awaiting a response… If anybody has been advised or discussed any of these issues with a solicitor etc, could you please let me know.
January 28th, 2011, 11:51 AM
WE all wished for this meeting and get togather well here it is.
On 31st Jan 2011 at 3pm not 5 pm
location : The PALACE hotel OLD TOWN dubai, with in the hotel are two business offices building.as your facing the hotel its the building on the right Alsaha offices building office number E313 on ground floor.
please i advise all interested to arrive on time as the firm has other apointments after us,and we like to understand the process as much as possible .
January 28th, 2011, 11:56 AM
This forum is an follow up from ( #PROJECT Jumeirah Village Villas )
Here are the questions you have asked looking forward to be answered on the meeting date by the lawfirm.
Q1.Can a lawfirm represent us in court dispite the purchaser as per contract will be AMLAK or TAMWEEL or ADCB or any other financer?
Q2.We understand that Nakheel as Developer is possibly breaching its cusotmers.would you think that our financers are also in anykind of breach,by not following sharia law or any dubai law?
Q3.Is Arbitration the only way to go ahead with this case or as few investors went to other law firms and were advised other wise?
Q4.Since Arbitration ruling is the final and cannot be apealed.What happens if we lose this case? and are we accountable to Nakheels lawsuit fees upon loss?
Q5.If Nakheel has constructed more then 60% of the property does it have the right to not refund us payments made to it? as per dubai law in favor of its developers..
Q6. If the joinning investors have diffrent financers ( i.e. AMLAK,Tamweel,ADCB and other banks) can we still have a class action case?
Q7. Some investors just want Termination of their contracts other want just compensation and some want both. Can we still make it one case?
Q8.What happens if during the time while the case is in process and the property is ready for handover?
Q9. Will the accumilating profit or interest by our financers still be active while going threw the court process, incase proprty gets ready during the lawsuit?
Q10.Is the term ( False Mergure )in Nakheels contract any threat to our case?
Q11.What happens if AMLAK or anyother financer will allow you to represent us as long as you dont take legal action against them?
Q12. How can overseas investors join in this case?
Q13.What documents and paper work or formalities your firm will require from us and from overseas investors?
Q14. What is the breakdown of payments and time line estimated to your lawfirm and courts?
Q15. How will the estimated compensation be calculated and what is it estimated? Will it be calculated as group or individual?
Q16.Can you show us on 31 Jan 2011 actual verdicts and cases similar to this case dealt by your firm? and if they had positive out come or negative?
Q17.Who to follow up with if the active lawyer in this case is unreachable?
Q18.How will the financial obligations managed towards the lawfirm and courts if this will be a class action?