#COMPLETED: OCEAN HEIGHTS, 82F Res, 310m (Dubai Marina) - Page 104

DUBAI INVESTOR · January 21st, 2011, 01:43 PM

Law No. (13) of 2008
Regulating the Interim Real Estate Register in the Emirate of Dubai

Article (12)

The area of a sold Real Estate Unit is correct. If the unit turns out to be bigger on
completion, the developer may not claim the difference in value and if the unit
turns out to be smaller then the developer must compensate the purchaser for
the difference unless it is marginal in which case the developer would not be
required to compensate the purchaser for the shortfall in the area.

Article (13)

When the Department finds that a developer or Broker has committed an act or
omission that constitutes an offence under this Law or other legislation in force,
the Director General shall prepare a report and refer the matter to the competent
investigating authorities.

propertymagnet · January 21st, 2011, 02:04 PM

Thats good information, then you guys shouldnt be paying any difference....

True Blue · January 21st, 2011, 02:50 PM

The law was mandated in 2008 and probably not enacted until 2010, the agreements were signed in 2005 or thereabouts so I would doubt that it can be applied retrospectively.

It's a bit like getting charged by the police for doing 75 in a 70 zone and the law changes later to regulate the speed to 50. When you appear in court they can not apply the new limit of 50mph. Hope that makes sense.

In other words, they were acting lawfully when they introduced the size variation clause. Obviously a solicitor will advise if you have a case but I think not. Just my opinion.

Grey area if you bought a resale and signed a new agreement after the law was enacted.

FWIW · January 21st, 2011, 04:31 PM

Quote:

Originally Posted by True Blue

The law was mandated in 2008 and probably not enacted until 2010, the agreements were signed in 2005 or thereabouts so I would doubt that it can be applied retrospectively.

It's a bit like getting charged by the police for doing 75 in a 70 zone and the law changes later to regulate the speed to 50. When you appear in court they can not apply the new limit of 50mph. Hope that makes sense.

In other words, they were acting lawfully when they introduced the size variation clause. Obviously a solicitor will advise if you have a case but I think not. Just my opinion.

Grey area if you bought a resale and signed a new agreement after the law was enacted.

IMHO I think you are wrong here TB - once the law has been published in the official gazzette then it is the law (in about 30 days).

I think the argument to use is that in most SPAs there probably is a clause that states and "adhere to all applicalble laws in the UAE". You could use this, with the new OQood system that registered the properties to claim that the develper cannot selectively choose which laws are applicable or not.

As you say a grey area - I really hope not to find myself in this position. All the best if you are.

True Blue · January 21st, 2011, 06:36 PM

To be fair, I could argue both sides with gusto. So if I was a buyer and I wanted to dispute this overcharge, I might say that the new law is a yardstick to measure how fair this clause is in view of the fact that the developer has gone well above the marginal increase that would be reasonably expected.

There is also the point that most SPA's have a clause which states that the developer must build the apartment substantially in accordance with the plans and the agreement. At what percentage adjustment does it cease to be substantially in accordance with the plans?

Apart from this I am sure I am right from knowledge aquired through time and experience. I was held to 2% property registration fee despite the law stating the developer should pay 1%, and all because I signed to agree to this in 2005 prior to the law being drafted.

It's not clear cut so you could argue and loose more money so I would suggest negotiation.

Oops! forgot Damac are shit at compromise and customer care.

Beppe786 · January 26th, 2011, 01:35 PM

Imre · January 26th, 2011, 06:11 PM

26/January/2011

Ocean Heights

Beppe786 · January 31st, 2011, 03:25 PM

today

Dubai_Steve · January 31st, 2011, 07:14 PM

No it is a 1 bed.

luci203 · January 31st, 2011, 07:17 PM

Quote:

Originally Posted by GTR11

I think this is a studio apartment not a 1 bedroom,

It is 1 bedroom.

You can see that on the balcony at 3:16 that are 2 doors, also at 2:17 it enters very fast in the bedroom. (also that it have an extra bathroom)

P.S.
My favorite building here. (probably until Pento is finished)

2 bed.

(nice ocean and marina view)

***bizzybonita*** · January 31st, 2011, 08:06 PM

DONE!

flashinglights · January 31st, 2011, 08:30 PM

3% extra area on a 1 bedroom is roughly 150mm error on each face of a square 9.5m x 9.5m (approx) room. (i.e. 6 inches error on each face for a 30x30ft square room).

What a joke.

***bizzybonita*** · January 31st, 2011, 08:47 PM

We can't wait for official press media to confirm that Ocean Heights tower completed as torres and luiz right now on medical check

FOR BLUEZ

True Blue · February 5th, 2011, 09:48 PM

Quote:

Originally Posted by flashinglights

3% extra area on a 1 bedroom is roughly 150mm error on each face of a square 9.5m x 9.5m (approx) room. (i.e. 6 inches error on each face for a 30x30ft square room).

What a joke.

It's not an error, it is the difference between "preliminary" stage and "for construction" stage. Anyone who has ever been involved in construction is familiar with those 2 distinct stages of the design process, preliminary and for construction.

The units are sold off plan from the preliminary drawings. That's why there has to be an allowance for essential changes affecting the final layout and resultant size.

Flintbug · February 7th, 2011, 01:58 AM

It would therefore be very easy for Damac to provide exact drawings after essential changes and have the area exactly calculated to RICS standards. However have any of you investors been provided with this type of reasonable backup evidence or are you just going to hand over thousands extra on their say so? If it turns out to be an error and the actual dimensions are far less than they claim you can expect the typicalresponse from damac of 'take us to court'

Beppe786 · February 7th, 2011, 05:04 PM

Beppe786 · February 7th, 2011, 05:06 PM

luci203 · February 8th, 2011, 11:04 PM

Beppe786 · February 9th, 2011, 07:37 PM

Problems!!

gazza74 · February 10th, 2011, 04:38 PM

HAVE 2 X APARTMENTS IN OCEAN HEIGHT.
HAVE JUST BEEN GIVEN FINAL INVOICE WITH EXTRA 460K AED EACH FOR ADDED AREA.
DID NOT ASK FOR IT, DID NOT SIGN FOR IT....DONT WANT IT.
DAMAC ARE CROOKS...

ARE APPOINTING A LAWYER TO HANDLE AS THE LAW STATES 5% +/- AREA VARIATION.
NOT 20%

HAVE MADE FINAL PAYMENTS ONLY AS ADVISED.
NO SERVICE CHARGE OR LAND FEE AS THIS SHOULD ONLT BE DONE ON HANDOVER AND DAMAC ARE NOT PREPARED TO DO.
LETS SEE HOW THE LAW IS NOW IN DUBAI.

ANYBODY WANT TO JUMP ON THE BAND WAGON, I CAN GIVE DETAILS OF LAWYER WHO STATES WE HAVE CASE.
STRENGTH IN NUMBERS AND ALL THAT.

January 21st, 2011, 02:50 PM	#2063
True Blue Born Again Join Date: Feb 2006 Posts: 6,519 Likes (Received): 25	The law was mandated in 2008 and probably not enacted until 2010, the agreements were signed in 2005 or thereabouts so I would doubt that it can be applied retrospectively. It's a bit like getting charged by the police for doing 75 in a 70 zone and the law changes later to regulate the speed to 50. When you appear in court they can not apply the new limit of 50mph. Hope that makes sense. In other words, they were acting lawfully when they introduced the size variation clause. Obviously a solicitor will advise if you have a case but I think not. Just my opinion. Grey area if you bought a resale and signed a new agreement after the law was enacted. __________________ Dubai, the most artificial place on Earth. Nothing is real. There are none so blind as those who won't see.

January 21st, 2011, 06:36 PM	#2065
True Blue Born Again Join Date: Feb 2006 Posts: 6,519 Likes (Received): 25	To be fair, I could argue both sides with gusto. So if I was a buyer and I wanted to dispute this overcharge, I might say that the new law is a yardstick to measure how fair this clause is in view of the fact that the developer has gone well above the marginal increase that would be reasonably expected. There is also the point that most SPA's have a clause which states that the developer must build the apartment substantially in accordance with the plans and the agreement. At what percentage adjustment does it cease to be substantially in accordance with the plans? Apart from this I am sure I am right from knowledge aquired through time and experience. I was held to 2% property registration fee despite the law stating the developer should pay 1%, and all because I signed to agree to this in 2005 prior to the law being drafted. It's not clear cut so you could argue and loose more money so I would suggest negotiation. Oops! forgot Damac are shit at compromise and customer care. __________________ Dubai, the most artificial place on Earth. Nothing is real. There are none so blind as those who won't see.

January 26th, 2011, 01:35 PM	#2066
Beppe786 Registered User Join Date: Sep 2007 Posts: 1,361 Likes (Received): 0	__________________ “You can't build a reputation on what you are going to do.”

January 26th, 2011, 06:11 PM	#2067
Imre Dubai Join Date: Jan 2005 Location: Dubai Posts: 41,364 Likes (Received): 27	26/January/2011 Ocean Heights __________________ Dubai Construction Update Dubai photos by Imre Solt

January 31st, 2011, 03:25 PM	#2068
Beppe786 Registered User Join Date: Sep 2007 Posts: 1,361 Likes (Received): 0	today __________________ “You can't build a reputation on what you are going to do.”

January 21st, 2011, 01:43 PM	#2061
DUBAI INVESTOR Registered User Join Date: Jul 2006 Posts: 216 Likes (Received): 3	Law No. (13) of 2008 Regulating the Interim Real Estate Register in the Emirate of Dubai Article (12) The area of a sold Real Estate Unit is correct. If the unit turns out to be bigger on completion, the developer may not claim the difference in value and if the unit turns out to be smaller then the developer must compensate the purchaser for the difference unless it is marginal in which case the developer would not be required to compensate the purchaser for the shortfall in the area. Article (13) When the Department finds that a developer or Broker has committed an act or omission that constitutes an offence under this Law or other legislation in force, the Director General shall prepare a report and refer the matter to the competent investigating authorities.

January 21st, 2011, 02:04 PM	#2062
propertymagnet Registered User Join Date: Oct 2007 Posts: 615 Likes (Received): 0	Thats good information, then you guys shouldnt be paying any difference....

January 31st, 2011, 07:14 PM	#2069
Dubai_Steve Dubai State of Mind Join Date: Jan 2005 Posts: 8,708 Likes (Received): 41	No it is a 1 bed.

January 31st, 2011, 08:06 PM	#2071
*bizzybonita* ĐЯ ฿฿ שίŧђ Ħīĝђ קΘฬξЯ Join Date: Jul 2006 Posts: 11,493 Likes (Received): 2	DONE! __________________ ฿ĪẐẐΫ ฿Ǿ₦ŦẪ 2013

January 31st, 2011, 08:30 PM	#2072
flashinglights Registered User Join Date: Jul 2010 Posts: 151 Likes (Received): 0	3% extra area on a 1 bedroom is roughly 150mm error on each face of a square 9.5m x 9.5m (approx) room. (i.e. 6 inches error on each face for a 30x30ft square room). What a joke.

January 31st, 2011, 08:47 PM	#2073
*bizzybonita* ĐЯ ฿฿ שίŧђ Ħīĝђ קΘฬξЯ Join Date: Jul 2006 Posts: 11,493 Likes (Received): 2	We can't wait for official press media to confirm that Ocean Heights tower completed as torres and luiz right now on medical check FOR BLUEZ __________________ ฿ĪẐẐΫ ฿Ǿ₦ŦẪ 2013 Last edited by bizzybonita; January 31st, 2011 at 09:20 PM.

February 7th, 2011, 01:58 AM	#2075
Flintbug Registered User Join Date: Jan 2007 Location: The Thames Posts: 519 Likes (Received): 0	It would therefore be very easy for Damac to provide exact drawings after essential changes and have the area exactly calculated to RICS standards. However have any of you investors been provided with this type of reasonable backup evidence or are you just going to hand over thousands extra on their say so? If it turns out to be an error and the actual dimensions are far less than they claim you can expect the typicalresponse from damac of 'take us to court' __________________ Impossible is easy, easy is impossible

February 7th, 2011, 05:04 PM	#2076
Beppe786 Registered User Join Date: Sep 2007 Posts: 1,361 Likes (Received): 0	__________________ “You can't build a reputation on what you are going to do.”

February 7th, 2011, 05:06 PM	#2077
Beppe786 Registered User Join Date: Sep 2007 Posts: 1,361 Likes (Received): 0	__________________ “You can't build a reputation on what you are going to do.”

February 8th, 2011, 11:04 PM	#2078
luci203 Registered User Join Date: Apr 2008 Posts: 3,613 Likes (Received): 47	__________________ After Monday and Tuesday even the calendar says W T F...

February 9th, 2011, 07:37 PM	#2079
Beppe786 Registered User Join Date: Sep 2007 Posts: 1,361 Likes (Received): 0	Problems!! __________________ “You can't build a reputation on what you are going to do.”

February 10th, 2011, 04:38 PM	#2080
gazza74 Registered User Join Date: Feb 2011 Posts: 4 Likes (Received): 0	EXTRA 20% AREA VARIATION HAVE 2 X APARTMENTS IN OCEAN HEIGHT. HAVE JUST BEEN GIVEN FINAL INVOICE WITH EXTRA 460K AED EACH FOR ADDED AREA. DID NOT ASK FOR IT, DID NOT SIGN FOR IT....DONT WANT IT. DAMAC ARE CROOKS... ARE APPOINTING A LAWYER TO HANDLE AS THE LAW STATES 5% +/- AREA VARIATION. NOT 20% HAVE MADE FINAL PAYMENTS ONLY AS ADVISED. NO SERVICE CHARGE OR LAND FEE AS THIS SHOULD ONLT BE DONE ON HANDOVER AND DAMAC ARE NOT PREPARED TO DO. LETS SEE HOW THE LAW IS NOW IN DUBAI. ANYBODY WANT TO JUMP ON THE BAND WAGON, I CAN GIVE DETAILS OF LAWYER WHO STATES WE HAVE CASE. STRENGTH IN NUMBERS AND ALL THAT. Last edited by gazza74; February 10th, 2011 at 04:56 PM. Reason: ADDED TEXT

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