Emirates City Forum

Hi smitty...
Here are some of the issues that concerns me (especialy #5,8,9,11 & 12) and the letter I've send them :-

"Dear Sir...
I've contacted you earlier this morning in regards to some issues I have about the SPA you've sent for me last week, and it was kind of you to tell me to send any requests or questions via email instead of me coming from Abu Dhabi, therefor I'm sending this email pointing out the issues I'm talking about.

1- In page (2),it doesn't mention the view even though one of the most important elements that I based my selection of the unit on was it's location and the view it locks at. And can you please point out which of the 8 towers is IB110,because the towers in the master plan starts from (IB01-IB08).
2-In page(5),clause (5),can you please clarify what are the adjustments and how will these adjustments affect the total price?
3- In page(5),clause(7.7),I believe that as the Vendor request that the Purchaser protect the Vendors rights when selling the unit,the Vendor vise versa should protect the Purchaser rights when selling the land/development to a third party by stating that the third party will carry out all the responsibilities and agreements set between the Vendor and Purchaser,and the Vendor should assure that the Third Party acknowledges by writing that such party will be bound by the rules of this agreement.
4- In page(6),clause (9),in the event of dispute there should be a professional UNBIAS party to make the final decision, and I don't believe that the Vendor's Architect should be that party.
5- In page (7),clause (11.3),again one of the main selling points of the project was that the Master Developer(i.e. BONYAN) GUARANTIES that in case the government or concerned authority were unable/failed to provide electricity then they (BONYAN) will, and based on that I believe that the part of the clause saying "under its sole discretion choose" should be changed to "Guaranties".
6- In page (7),clause (12.2.2),why should I(Purchaser) pay the next installment if the next Purchaser is bound to pay it as stated in clause(12.1)? and as explained to me by the sales executive which sold me the Unit, the 2% transfer fee is from the Unit's initial selling price and not from the resale price.
7- In page (7),clause (12.3),again as long as the affiliated company is bound by the rules and agreements set between the Vendor & the Purchaser.
8- In page (7),clause (13.1)&(13.2),in their current forms they give the Vendor all the right and strips the Purchaser from all of his rights, I believe that the contract in all it's clauses should protect both parties rights and not only one of them.I believe a paragraph such as "and any colors,materials,finishes,equipment,fixtures and specifications that might be changed,varied or modified would be the same or better quality than the originals", and the Vendor should specify (as all the respectful developers in their SPAs do) all the finishing materials, fixtures, and equipments with their brand names in schedules attached to this SPA.
9- In page( 8 ),clause (14),I believe that fortifying all the payments made by the Purchaser as liquidated damages is not fair and a percentage of the payments would be more than fair for the Vendor could sell the Unit again,and in it's current form the Purchaser could have paid like 85% of the total price and for some reason out of the Purchaser's will, one of the payments get delayed,that will strip him/her of everything paid before??!!
10-In page(9),clause (16),the Vendor should do all in his/her power and use all legal means to solve issues mentioned in clauses (16.2-16.5), otherwise the Vendor could use the clauses(16.2-16.5) as an excuse to delay the completion date.
11- In Schedule (4),Features list,the Vendor should specify that (LG) is the provider of the features listed as (LG) was the brand sold to the Purchaser at the time of reservation.
12- In the SPA the Vendor should provide a Schedule of Finishes and Materials that the Vendor intends to use in the Unit (i.e. type of doors,windows,flooring.etc)
13- In page (13),(Power of the association),it should mention the amount of the membership fee and the annual maintenance fee/sqft. or the clauses should state that the fees fixed will be reasonable and compatible with market prices for similar projects.

I believe that clearing these issues will be of great importance for both parties for it will protect the Purchaser's rights and interests (same as the Vendor's), and it will boost the confidence in the Vendor's commitment to provide quality products and excellent projects in the current market situation."
I hope this will be of help to you and other purchasers.
Regards

it is another fraud
we'll see contracts after we paid!
what we do if we dont agree with some clauses
if you know a lawer please talk with him , what he says

as per the giga group "'after 30 days'payment is considers as booking amount??? is it true??? in reciept its written on after 30 days payment nothing is written and booking amount...

Hi rana
what they told you about this

they dont reply to emails and i dont send them even one penny to this dead desert

Dear all
I have already appointed a lawyer and we're preparing a case against Goldcrest Properties, the reservation form clearly states that on cancellation of the reservation only the booking amount will be forfeited, when I called GIGA Group and tried to solve the issue friendly their answer was that the booking amount includes the (After 30 days Payment)... and when I send them a letter to request my payments and canceling the reservation their answer was that they will not entertain any UNILATERAL cancellation and if I continue with my request it will cause of the forfeiture of all my payments???!!!!... at that point I appointed a lawyer and they clarify many issues to me:-

1- As long as I haven't signed the Sales & Purchase agreement,then the only law binding us is the reservation form clauses.
2- As it clearly states that the Booking amount is the amount to be forfeited then it does not include(After 30 days payment) because it's a PAYMENT!!!!
3- They advised me that if we took it to court the developer will try to claim the payments as to cover the losses they suffer after all the work they have done(i.e. Launching fees,Architects & consultants fees,construction costs ...etc.),all of those will be of no effect but the construction cost,so as long as they haven't started construction then we're in a better situation, so the faster we proceed to court the better.

Of course I've stopped giving them payments since Dec. 2008,but through that period they keep sending me letters requesting for payments,the first ones clearly states that if I didn't pay within 20 days then their will be a 500 AED fine for every day after, but after 2 months they send another letter requesting for the same payment with the same amount......and now after 4 months they sent another one just adding the next payment amount to the one before WITH NO THREATS OF FINES.....
Any one who wants to join me in going to court in order to get back our money Please don't hesitate to call me 0505316553, or call my lawyer ALRUKN AND ASSOCIATES 04-2276655 ask for Mr. Abdu Alselawi, their fees will be 5-10% of the amount of money you want back (Not the Unit price) ..... lets get together and build a case against GIGA Group.

Hi ajmanflat...
Can you tell me where have you reached in this matter? I mean have you already submit the case to the courts,or you're in negotiations with your developer? what is your case exactly?

tomorrow few of us - investors are going to Sheikh Zayed office at 1330 hrs...if u wish to come call me 050 7243691...