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February 08, 2012 United Arab Emirates
  
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Ajman realty regulator cracks the whip
Developers in Ajman will not be allowed to arbitrarily cancel any sales and purchase agreements (SPAs) and will have to seek permission from the Ajman Real Estate Regulatory Agency (Arra), its chief told Emirates Business.

"No developer is authorised to cancel any agreement unless they get approval from us. We are monitoring the situation and are allowing investors time to fulfill their commitments," said Omar Al Barguthi, Director-General, Arra.

According to SPAs signed previously between the developer and the investor, the former has the right to forfeit the property of the latter if he/she fails to meet payment deadlines.

However, no clear information is available on how many properties have been forfeited by developers as of yet. Besides, the regulatory authority has taken over post-dated cheques (PDCs) from some of the developers whose projects have not yet reached the desired level of construction.

"We have taken PDCs from some of the developers whose projects have not yet started or construction has halted. We have opened escrow accounts for them and will be depositing the cheques as and only when we are sure that work is progressing."

Arra is also working out a regulation linking payments to construction milestones, he said, without delving into details.

In June, he had told this newspaper that the authority had come up with a new formula for collecting payments in relation to the progress of the construction of the projects.

"The regulation is in the final stages and we will announce it soon. We want to protect both the developer and the investor," Al Barguthi said.

When asked if any projects were on the verge of being cancelled, Barguthi said there were a few applications on his desk for cancellation of registration of developers.
August 12, 2009
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