If the buyer received a property smaller than in agreement

Question:

A questioner from Dubai asks: 3 years ago, I bought an off-plan apartment from one of the developers, and now when I received the apartment, it became clear to me that the room sizes are small and not in conformity with the purchase agreement.

Therefore, I refused to receive the apartment and asked the developer to cancel the purchase agreement and return the sums I paid, as this apartment is not suitable for my family members. My question is, do I legally have the right, according to the real estate law in Dubai, to terminate the property purchase agreement for this reason and return the sums I paid in addition to the appropriate compensation? Please advise.

Answer:

To answer this question, I would advise the questioner that:

Article 20 of the of the Executive Council Resolution No. (6) of 2010 Approving the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai, states that: “The purchaser may apply to the relevant competent court to terminate the contractual relationship between you and the developer in any of the following cases (….3) if the developer makes material changes to the agreed specifications agreed to in the agreement; 4) if, upon handover of the Real Property Unit, it is found that the Real Property Unit is unfit for use due to material constructional defects; or 5) any other cases that may require termination of the agreement in accordance with the general principles of law.