Article (7) of Sale & Purchase Agreement

Vendor’s Obligations, Warranties, Rights

7.1    The Vendor undertakes that the construction of the Apartment shall be in compliance with the drawings and specifications shown on schedules (A) and (B), building codes, rules, regulations and laws in force in the Emirate of Ras Al Khaimah and UAE. Moreover, subject to the Vendor’s right provided for in Art.(13) herein below, all materials and equipment shall be new and in conformity with the specifications mentioned in Schedule(B) annexed hereto.

7.2    Unless the Parties agreed otherwise, the Vendor undertakes to hand over the possession of the Apartment to the Purchaser within a period of 36 months as from the date of signing this Agreement (Date of Completion).

7.3    The Vendor shall remain strictly liable for a period of one (1) year from the Completion Date to repair or replace any defective material, fittings and fixtures which shall include mechanical, plumbing, air conditioning or electrical works.

7.4    The Vendor hereby assigns to the Purchaser all benefits the Vendor holds, or may in the future hold, in and to any warranties that attach to the Apartment or any of the equipment, fittings or fixtures that are incorporated thereinto.

7.5     The Vendor shall deliver the Apartment to the Purchaser clean and ready for occupancy.

7.6     The Vendor shall construct the infrastructure of the Village including roads, lighting, walkways and landscaping, substantively, in accordance with the Vendor’s overall development plan for infrastructure of the Village.

7.7    The Vendor represents that he obtained and currently holds all permits, licenses, approvals and authorizations which are required under the applicable laws, rules and regulations, in order to own, dispose of the Apartment in any way whatsoever, and no such permit, license, approval or authorization restricts the Vendor from selling or otherwise transferring to Purchaser the Vendor’s interest in the Apartment.

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Royal Breeze Handover Fiasco

At long last investors in Royal Breeze buildings 1 and 3 have received letters from Al Hamra Real Estate Development, confirming handover dates ranging from October to November. It seems that a management fee of about 10AED per sq ft is being applied (it is not clear if the car parking space is used in calculating the charge), and there is a one off water and electricity connection charge of 1200AED per KWA as well as a one off water meter refundable deposit of 1000AED. In addition, some owners are being asked to pay a penalty charge as well.

Owners are advised to carefully read their contracts to check if Al Hmara Real Estates is delivering the ‘product’ to specification, as in our view the buildings and infrastructure are far from complete, and the handover process is a fiasco designed by Al Hamra Estates to protect themselves from legal action by unsatisfied owners. Why else would Al Hamra Real Estates rush to handover units that are incomplete, with roads and communal facilities such as a beach area and gym either non-existent or not ready?

In keeping with their track record of abysmal customer service and lack of communication with investors, Al Hamra Real Estates has provided no information on the burning issue of the promised beach for owners, no information on what white goods (or other furniture) will be supplied, no information on the readiness of the infrastructure (such as roads, pools and gym), no photos have been provided, and no help for the purchase of furniture and equipment. It would seem that the main aim seems is to rush (maybe even bully) owners into accepting units that are far from ready with a lack of infrastructure and facilities.

We earnestly hope to be proven wrong in our assessment of the handover fiasco; let’s wait to hear from owners who are about take possession of their units. In the meanwhile we can only ask Al Hamra Real Estates not treat their customers as pieces on a chessboard, be honest and transparent with us and give us excellent customer service and support in this exciting time of taking possession of our units.