#UNDER C: SEASONS COMMUNITY, 5F, Res

[hijer]

Max12, could you please tell me what's the process to go to arbitor? and the cost invloved?

[Max12]

Hi Hijer,

The process is a lengthy one but the principles are clear. Seasons development had promised to deliver the property by 2008 and even including grace period by 2009. They did not deliver this and instead vaguely quoted force majeur. There was no force majeur. This can be proven. According to contract any dispute must be taken to DIAC(Dubai International Arbitration Center). The process to take a developer to DIAC is a lengthy one(approx 9 months to a year in total). The first step is to find a good firm of lawyers. We chose The Legal Group(because of the publicity they achieved sucessfully persuing Emaar). They then serve termination notice on Seasons Development(30 days), followed by 60 days waiting for the arbitrator to be appointed, then approx 2 to 3 months waiting for the case(I think), followed by decision in our favour as the arbitrator has the contract and contract categorically states that unless it is force majeur if they do not deliver by grace period then they have to refund. They will offcourse not refund even after DIAC ruling against them. The law firm then persues them in Dubai courts with the DIAC ruling and if they do not pay even then they will ask the courts to hand over their assets in our control, like their fancy new offices. Then they will pay.

We are currently waiting for the Arbitrator to be appointed but we have taken the decision to go through with it all the way.

The cost, it's not cheap, comes to about 60,000 dhs in legal fees + 40,000 to 50,000 in court fees. Law firm charges about 60k upfront and then 5%(i think) of the winnings if we win. All of these expenses + 12% interest is charged to Seasons so they have to pay all the legal fees + interest and get bad publicity hopefully.

I think Seasons have taken a calculated risk that not many people will go through all the way but it is a stupid one as it will only take a few to win against them and then the bad publicity would mean people will not trust them again. They will simple open up as another company and do the same thing again.

Hope this has been helpful.

[hijer]

thanks Max12 for the reply ...

dear all, here is what I suggest:
since we have more than few sharing the same issue, how about creating a group of people to go together to a legal firm to represent us ..
this way, it will be cheaper for us individuals and more profitable for the legal firm ...
let me know if you are interested and I will start the process after a good number has joined.
please spread the word but we need to act quickly as time is not on our side.

[AjmanOwner]

Max 12, can you please explain EXACTLY what arguments these developers can use as Force Mejeur?

My apartment in Ajman (Ajman One Project) was due Jan 2010 with 6 months grace period.

A couple of weeks before the end of the grace period Force Mejeur was invoked using a letter issued by the Ajman Municipality.

That was 2 years ago and us investors know that :-
1. Even in Ajman these so called "road works" can't take this long

2. Aqaar the developer of Ajman One is headed by a government body so obtaining this "letter" for Force Mejeur was probably a bit shady.

[maza]

What's the latest status on Seasons?
I believe both the Autumn and Summer clusters are completed now.
When is the handover?
No real or serious compensation have been offered for the 4 year delay!

[hijer]

Max12
just wondering what happen with your case?
it has been a while- so I am hoping that you won it .

[live 4 ever]

Hello Everyone,
Please update me with what is happing on the project (Autumn). Any new information regarding this project. Any news on the compensation for the 4 years delay from Ishraaqa.

[micky4u]

Hey do any one have any idea for the handover of the apartment in Summer Cluster.