Buyer wins BD170,000 refund after three-year wait for flat

TDT | Manama

Email: mail@newsofbahrain.com

A buyer has won a BD170,000 refund after a three-year wait for a property he paid for in full but was never able to register in his name.

The Civil Court ruled that the real estate company had failed to meet its obligations and ordered the contract scrapped.

The Bahrain buyer had repeatedly pushed for either the title deed or his money back, but the firm did nothing.

Funds

Running out of options, he took the matter to court and even sought to freeze the company owner’s personal assets, fearing an attempt to move funds out of reach.

The court rejected that request but ordered the firm to return the full sum along with legal costs.

Lawyer Dr Mohammed Al Kouhaji said his client bought the apartment in 2022, signing a contract for a unit in a Manama resort and paying BD170,000 upfront.

Assets

When the firm failed to hand over the title or issue a refund, the buyer filed an urgent case, asking the Central Bank of Bahrain to seize the owner’s assets as a precaution.

He also sought judicial oversight of the company to protect its holdings until a proper review was carried out.

The appointed receiver was given full control of management, tasked with collecting funds and reporting back to the court.

Ownership

Al Kouhaji cited Article 381 of the Civil Code, arguing that if a seller fails to meet key terms of a sale — such as transferring ownership — the buyer has the right to demand either full compliance or a contract reversal.

The court found no proof that the firm had met its end of the deal, making the buyer’s case clear-cut.

However, the judge rejected the push to seize the company owner’s personal assets.

Wrongdoing

While the firm is privately held, and the owner is the sole shareholder and signatory, the court ruled there was no evidence of wrongdoing that would justify making him personally liable.

The company’s failure to deliver did not, on its own, warrant holding him accountable under Article 18 of the Commercial Companies Law.

With that, the court ordered the contract scrapped and the BD170,000 returned, along with legal fees and costs.