Damac May Reconsider Cancellation of Palm Springs

6 April 2008 at 8:20 pm | In Dubai, Palm, Real Estate, lack of government regulation | Leave a Comment

We have had a number of representations from investors on the decision to cancel the Palm Springs project. We are looking at various scenarios and will make a statement in due course. Niall McLoughlin, senior vice president of corporate communications, Damac.

Source: ArabianBusiness.com, ‘Damac hints at backtrack on Palm Springs axe’, 06 April 2008

Seasoned Dubai Property Commentator Issues Warning

6 April 2008 at 1:01 am | In Dubai Reputation, Real Estate, lack of government regulation | 1 Comment

“…the situation does need some government intervention before it gets out of hand.”

Naz UK, 1 April at Skyscrapercity.com

Recent Comment by an Investor

6 April 2008 at 12:37 am | In Damac, Dubai, Palm, lack of government regulation | 1 Comment

I genuinely believe that Peter Riddoch and Hussain Sajwani are honourable and honest people. Continue reading Recent Comment by an Investor…

Nakheel Distances Itself From DAMAC

4 April 2008 at 12:44 am | In Damac, Real Estate, lack of government regulation | Leave a Comment

“….the revised masterplan [of Palm Jebel Ali] allowed for significant improvements in the design. It was now the responsibility of Damac to ensure the delivery of any units it has sold within these plots to customers. We are extremely disappointed by this recent development [Damac debacle]”, Al Qamzi, Nakheel

Source: Gulf News

Comments on Nakheel Questionioning Damac’s Motives

2 April 2008 at 9:40 pm | In Damac, Dubai, lack of government regulation | 1 Comment

Nakheel’s Comments

Posted by Lee, Dubai, UAE on 1 April 2008 at 20:10 UAE time

This is getting interesting!! Damac says one thing and now Nakheel has come out and contradicted Damac’s “story”. Hmmmm? Who should we believe??? Continue reading Comments on Nakheel Questionioning Damac’s Motives…

More Comments at ArabianBusiness.com

1 April 2008 at 12:36 pm | In Damac, Dubai, Dubai Reputation, Jebel Ali, Media, Palm, Real Estate, breach of contract, cheat, corrupt, corruption, deception, greed, illegal, info, lack of government regulation, lie, scam, update | 2 Comments

In response to ‘Palm Springs investors face millions in losses article

Damac’s action tantamount to FRAUD

Posted by Palm Springs Investor, UK on 1 April 2008 at 04:24 UAE time

“Damac said it understood the situation was serious and unfortunate, but that it was “completely outside Damac Properties control”. Continue reading More Comments at ArabianBusiness.com…

Palm Springs investors face millions in losses

1 April 2008 at 12:39 am | In Damac, Dubai, Dubai Reputation, Jebel Ali, Media, Palm, Real Estate, breach of contract, cheat, corrupt, corruption, deception, greed, illegal, info, lack of government regulation, lie, scam | 1 Comment

On 31 March 2008 ArabianBusiness.com published another article on Damac’s shameful tratment of its most loyal investors. Below is a summary of the article. The full article may be viewed here.

Damac LogoDevastated investors in Damac Properties’ axed development on the Palm Jebel Ali are facing millions of dirhams in losses, one of the project’s investors has told ArabianBusiness.com.

Prior to the cancellation of the project, Palm Springs units were estimated to be worth more than double the original purchase price, according to investors.

Nearly 60 UK-based investors in the project have formed a group to take on Damac, giving the developer until April 11 to reverse its decision or face legal action.

London-based investor Karl Brown told ArabianBusiness.com members of the group were facing average losses on their investment ranging between 300,000-600,000 dirhams ($81,000-$163,000), depending on when they purchased their unit.

Brown said he bought his Palm Springs apartment on resale in March 2006 for 1.5 million dirhams and believes the property is now valued at more than 2.2 million dirhams.

However, he will only receive the original purchase price, estimated at about 1.1 million dirhams, plus 6% interest for each of the five years since the project’s launch.

Damac have told Brown that it was not the developer’s contractual obligation to refund money that was paid on resales.

UK investors’ losses are compounded by the rising value of the British pound against the dirham.

Brown said the group, the Palm Springs Investors Group, was appealing to Dubai’s Real Estate Regulatory Authority (Rera) and Nakheel, master developer of the Palm Jebel Ali, for assistance with the dispute.

Comments at ArabianBusiness.com

31 March 2008 at 11:37 am | In Damac, Dubai, Dubai Reputation, Jebel Ali, Media, Palm, Real Estate, breach of contract, cheat, corruption, deception, greed, illegal, lack of government regulation, lie, scam | 2 Comments

There are quite a lot of comments at the bottom of this article published by ArabianBusiness.com, you can also add your comments there.

Damac threatened with lawsuit after project axed

Posted by H L Nagpal, London, United Kingdom on 30 March 2008 at 21:32 UAE time

It is foolish for a company like Damac to back out from a project just because it is going to make a loss. If Damac does not care about its goodwill, the UAE Government should make it honour its obligations as otherwise its effect will be far reaching. Investors in the West are investing heavily in the upcoming real estate of UAE on the understanding there is rule of law. Damac have launched projects at heavily inflated prices which are going to bring bumper profits to the Company. If the company is going to walk away from its contractual obligations, its effect on other projects by other developers will be enormous. One bit of bad news can ruin the whole market. Continue reading Comments at ArabianBusiness.com…

Damac’s Buyback Plan Exposed in Gulf News

28 March 2008 at 12:27 am | In Damac, Dubai, Dubai Reputation, Jebel Ali, Palm, breach of contract, greed, lack of government regulation, update | 1 Comment

On 27 March 2008 the well known Gulf News published a report on Damac’s attempt to ‘buy back’ its Palm Springs plot on Palm Jebel Ali, five years after its launch. This reveals the serious nature of Damac’s unethical and, under any decent government, illegal attempt to squirm out of a binding contract. Surely if Damac is so big and successful, it must have ample funds in its coffers to make sure that those who invested their hard earned money with Damac over four years ago are treated fairly and not cheated. If Sajwani, the chairman of Damac Holding is a man of principle and wants the reputation of Damac to flourish, then he needs to ensure that the Palm Springs investors (or any other investors for that matter) are not treated as shabbily as they are now.

The Palm Springs episode brings the true state of the UAE real estate under the spotlight. It is disappointing to hear Marwan Bin Galita, chief executive officer of Dubai’s Real Estate Regulatory Authority (RERA), say “…get legal advice. It’s very easy but people don’t want to spend money. The problem starts with people signing a contract without asking anybody first. Many, if not most investors had taken legal advice before signing their contract with Damac four years ago. We hope RERA takes to task unscrupulous developers like Damac and comes to the aid of investors. We request that RERA monitor contracts being used by developers to ensure that these documents are fair, proper and legal, not like the ones used by most developers today, which allow statements like ‘force Majeure’ to cover anything that the developer may think fit.

HH Sheikh Mohammed has done an amazing job of bringing about the transformation of Dubai into a leading tourist destination. In a recent speech made at Berlin he said “Many leaders promise, we deliver. The contract between Palm Springs investors and Damac was a promise, a legally binding promise. All the investors ask is that Damac deliver.

Below is the text of the article that was published in the Gulf News on 27 March 2008

Investors in Damac’s Palm Springs project on Palm Jebel Ali are furious at being ‘bought off’ by Damac due to project alteration. Continue reading Damac’s Buyback Plan Exposed in Gulf News…

Proper Use of Force Majeure

27 March 2008 at 12:00 pm | In Damac, Dubai, Dubai Reputation, info, lack of government regulation | Leave a Comment

Force majeure, French for “greater force”, is a common clause in contracts which essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as war, strike, riot, crime, act of nature (e.g., flooding, earthquake, volcano), prevents one or both parties from fulfilling their obligations under the contract.

However, force majeure is not intended to excuse negligence or other malfeasance of a party, as where non-performance is caused by the usual and natural consequences of external forces (e.g., predicted rain stops an outdoor event), or where the intervening circumstances are specifically contemplated.

It is imperative that Dubai’s Real Estate Regulatory Authority make it mandatory for all contracts to include the clause “Any Party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.

Reference: Wikipedia

Investors Step Up Camapign to Expose DAMAC

23 March 2008 at 4:39 pm | In Damac, Dubai, Dubai Reputation, Jebel Ali, Palm, Real Estate, breach of contract, cheat, corrupt, corruption, deception, greed, illegal, info, lack of government regulation, lie, scam, update | 2 Comments

Just one example of media being contacted:

guardianlogo.gifThank you for your letter to the Guardian. Unless you have indicated otherwise, it will be considered for publication – as long as you have included the following details a full name and full postal address (including street, town and county) and a daytime contact telephone number.

It is also helpful to include a reference (headline, section, publication date) to the article to which your letter refers. Letters are usually published with only a village, town or city as the address (or an organisation where relevant). The other contact details are forverification only. If your email did not include them, please resend the full text of your letter with these details to letters@guardian.co.uk.

Whether or not we publish your letter, it will be read and forwarded, whereappropriate, to the relevant journalist or section editor. Please note that letters may be edited.

Regards
Letters editor
The Guardian

So keep watching this space!

More Reactions

23 March 2008 at 2:07 am | In Damac, Dubai, Dubai Reputation, Jebel Ali, Palm, Real Estate, breach of contract, cheat, corrupt, corruption, deception, greed, illegal, info, lack of government regulation, lie, scam, update | 2 Comments

The Damac situation could seriously damage the Dubai market… I can’t believe the UAE government hasn’t done anything about them yet…

…they have come up with a silly offer like this to test the water and hope investors will make a hasty decision of accepting the offert. They did not tell us what would happen after the deadline of 30/3/08 because they are not that sure about the outcome of the first stage of the show. If you look carefully at the accompanying FORM you will clearly see that this form has nothing to do with the content of the cancellation offer. It is merely a REQUEST FORM to initiate cancellation of your purchase. DAMAC is trying to get as many investors as possible to opt out at each stage, like they did when they offered 10% to investors in 2006 to cancel their purchase (which some accepted).

And how are Damac going to feel if in every property show they do and when they launch any new projects there are people distributing leaflets explaining how investors got conned with Palm Springs?

This is the ultimate con by DAMAC – not a matter of delays, lack of compensation, but trying to cancel a project simply because the Palm Jebel Ali has been altered. Nakheel are providing the plot as agreed, which is OUR plot, but DAMAC is trying to rob us of the new plot. They also think they will get away with it, but they seriously did not know the scale of the feeling of investors. Remember that either have been waiting for 4 years, or even worse, paid huge premiums. With the amount of shit that will hit the fan on this one it is going to create some serious ripples.

…..believe me us “Brits” will not take shit lying down. So it is best for all parties to mediate and see sense. All we want is an opportunity to be in PJA as our existing contract states! We have waited four years for this.

we must stay united and fight DAMAC who want to cheat investors; this will be a test for Dubai as a whole and its reputation for outside investors to buy there.

When we win this case, it is will not only be good for Palm Springs investors, but for Dubai as a safe place to invest your money in. If Sheikh Mohammed lets us down then I will definitely never buy in or visit Dubai again, and will strongly advise others to do the same.

Dubai Government Turns Blind Eye

19 March 2008 at 12:07 am | In Damac, Dubai, Dubai Reputation, Jebel Ali, Palm, Real Estate, breach of contract, cheat, corrupt, corruption, deception, greed, illegal, info, lack of government regulation, lie, scam, update | Leave a Comment

If the Palm Springs project ‘cancellation’ by Damac is anything to go by, then Dubai’s reputation as a premier and safe place to invest in real estate is heading for a nose dive. And it seems that the Dubai government is happy to sit by and watch investors being ripped off. If appropriate action is not taken soon, then contracts written by Dubai businesses will not be worth the paper they are written on!

tameer logoA group of distressed investors (284 to be precise) are suing Tameer Holdings over its failure to deliver apartments that were supposed to be handed over this year. Investors have rejected an offer of 25% on top of the money they have invested.

In spring 2004 investors signed contracts with Tameer Holdings to purchase apartments in Al Ameera Residential Tower development, Sharjah, expecting to move into their new homes in August 2008. The Al Ameera residential tower was to be the largest of its kind in Sharjah mirroring its counterpart in Dubai, the Princess Tower. But that was then.

In August 2005 the buyers received a letter stating that the Al Ameera Tower project had been delayed due to the lack of a licence, resulting from a delay in the implementation of a new real estate ownership law. It is mind boggling that Tameer were selling real estate with contracts that were relying on a yet un-enacted law! As far as we know the law in Sharjah hasn’t changed since the seventies. By any standards, Tameer have misled investors, and their actions need to be investigated by the Dubai government.

The picture of Dubai real estate that seems to be emerging is one where fraud is being overlooked by the government. It is simply not acceptable for Tameer to claim that Sharjah’s property ownership law stipulates that non-GCC nationals can own a 99-year leasehold but not freehold and therefore foreigners were legally not entitled to buy into Al Ameera. Why sell to foreigners when they knew very well this to be the case?

Tameer recently awarded the Arabian Construction Company with the honour to help materialise the Princess Tower by 2009. The tower, based in Dubai Marina, also announced in 2004, is expected to stand over 380 metres high, which would make it the world’s tallest residential tower.

This summer, Tameer made it clear that the law did not allow expatriate ownership and advised that it would cancel all contracts with non-GCC nationals. What happened with local prospective owners is not clear.

Damac sets Precedent by Failing to Honour Contract ?

17 March 2008 at 10:31 pm | In Damac, Dubai, Dubai Reputation, Jebel Ali, Palm, Real Estate, breach of contract, cheat, corrupt, corruption, deception, greed, illegal, info, lack of government regulation, lie, scam, update | 2 Comments

DAMAC Properties is the property arm of DAMAC Holding, a global business conglomerate with over 6000 employees in 18 countries. Established in 1996 and headquartered in Dubai, the total value of DAMAC Properties’ portfolio currently stands at US$4 billion. Furthermore, DAMAC Properties recently won three prestigious awards at the CNBC Arabian Property Awards 2006. Property developer bagged the best development award for ‘Oceanscape’, best architecture award for ‘Ocean Heights 2′ and the best website award for the company’s website – www.damacproperties.com. In December 2006, the company also won the IREF ME award for the best residential development in the UAE. In 2005, the company was honored with three prestigious Bentley International Awards in the categories of – Best UAE Development for Marina Terrace, Best Architecture for Ocean Heights-1 and Best Developer website at a ceremony in London

Back in 2002/2003 Damac announced an exciting project called Palm Springs to be developed at The Palm, Jebel Ali. Damac described the project as

Enviably located in a prime location on the Palm Jebel Ali’s Crescent, Palm Springs is the apex of aspirational living. Having commissioned award-winning architects, we have created an architectural tour de force. Palm Springs offer uninterrupted sea and water views.Situated elegantly between the Two world class hotels, our building, which is managed by a prestigious international hotel chain, boasts a wealth of superlative amenities. A unique and exclusive residential property on Jebel Ali, Palm Springs is the Zenith of desire.

Naturally there were plenty of investors who were happy to invest in this dream project, especially as the project was by a well know player.
Hussain SajwaniFast forward to 2008 and meet the smiling face of Hussain Sajwani, Chairman and Founder of DAMAC Holding. Ask him about the Palm Springs project and he will refer you to this letter recently issued by his company, which tells customers

We have now been advised officially by the Master Developer that the Palm Jebel Ali Master Development has been re-designed and that the Plot will not be delivered. As a result of this official confirmation, we now regret to advise you that the Palm Springs project has been cancelled.

And what of compensating customers who are not to blame for this ‘cancellation’? If history is anything to go by, then Damac has a track record of trying to betray customers when it issued a letter in September 2006 offering 10% interest on monies invested if they were willing to pull out of the project. In their recent letter they have offered either 15% discount if investing in another Damac development, or 6% interest on money paid. So much for Damac being a leading real estate player in Dubai, and all the awards being heaped on them. The message, loud and clear from Sajwani would appear to be “no sir, we are not interested in honouring contracts given to customers who invested in Palm Springs in good faith, after all we are so big that we not give a damn about those puny people called investors”.

(more to follow)

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