أسئلة وأجوبة
أسئلة وأجوبة
3 متاح 3 • عرض الجميعإلغاء اتفاقية البيع والشراء واسترداد الأموال بسبب التأخير في التسليم


2
س: لقد اشتريت شقة تحت الإنشاء من مطور عقاري مع تقديم خطة سداد 20/80. لقد دفعت حتى الآن 20% من قيمة العقار بالإضافة إلى 4٪ رسوم التسجيل بدائرة الأراضي والأملاك بدبي. ومع ذلك، لم يعطيني المطور العقاري أوراق تسجيل الأرض.
وفقًا لاتفاقية البيع والشراء الخاصة بي، من المفترض أن يتم تسليم العقار في الربع الأول من عام 2020. ولكني تلقيت إشعارًا يُفيد بأن تاريخ الانتهاء الجديد هو الربع الأول من عام 2021، ولكنني أشك في ذلك. حيث إن نسبة اكتمال المشروع هي 46٪ حسب الموقع الإلكتروني لدائرة الأراضي والأملاك بدبي.
سؤالي هو؛ ما هي الإجراءات التي يمكنني اتخاذها لإلغاء اتفاقية البيع والشراء واسترداد الأموال؟
شكرًا.



2020/07/16
748
إمكانية إنهاء عقد شراء عقار للتخلف عن إصدار اتفاقية البيع والشراء



1
س: مرحبًا،
لقد اشتريت شقة تحت الإنشاء في إمارة دبي العام الماضي. لقد دفعت الوديعة ورسوم التسجيل في "عقود" ودفعت جميع الأقساط في الموعد المحدد لحساب الضمان الخاص بالمطور العقاري.
ومع ذلك، لقد قام المطور العقاري بتأجيل إصدار اتفاقية البيع والشراء واتفاقية عقود حتى الآن بدون سبب وجيه، على الرغم من أنهم جعلوني أوقع اتفاقية البيع والشراء من جانبي وأخبروني أنهم سيوقعون عليها بعدي وسيقومون بتوثيقها في دائرة الأراضي والأملاك بدبي.
لقد مر أكثر من عام حتى الآن، لقد كنت أطلب الحصول على كلٍ من اتفاقية البيع والشراء واتفاقية عقود أو استرداد أموالي، ومع ذلك كان يرد المطور العقاري بأن "الأمر قيد المعالجة".
أُفضل في الوقت الحالي إنهاء الاتفاقية واسترداد أموالي بالكامل. هل هذا الأمر ممكنًا؟




2020/10/11
572
إنهاء عقد عقار تحت الإنشاء بسبب التأخير في إصدار اتفاقية البيع الشراء
2
س: مرحبًا،
لقد اشتريت شقة تحت الإنشاء في إمارة دبي العام الماضي. لقد دفعت الوديعة ورسوم التسجيل في "عقود" ودفعت جميع الأقساط في الموعد المحدد لحساب الضمان الخاص بالمطور العقاري.
ومع ذلك، لقد قام المطور العقاري بتأجيل إصدار اتفاقية البيع والشراء واتفاقية عقود حتى الآن بدون سبب وجيه، على الرغم من أنهم جعلوني أوقع اتفاقية البيع والشراء من جانبي وأخبروني أنهم سيوقعون عليها بعدي وسيقومون بتوثيقها في دائرة الأراضي والأملاك بدبي.
لقد مر أكثر من عام حتى الآن، لقد كنت أطلب الحصول على كلٍ من اتفاقية البيع والشراء واتفاقية عقود أو استرداد أموالي، ومع ذلك كان يرد المطور العقاري بأن "الأمر قيد المعالجة".
أُفضل في الوقت الحالي إنهاء الاتفاقية واسترداد أموالي بالكامل. هل هذا الأمر ممكنًا؟
مشورتك ستكون محل تقدير كبير.
شكرًا لك.

2020/10/12
1296
قوانين وتشريعات
2 متاح 2 • عرض الجميعLaw No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 1
This Law establishes interim property register in which sale contracts, off-plan sales, and other off-plan legal dispositions of real property are registered prior to inclusion in the property register maintained by Dubai Land Department.
2008/08/14
4833
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 3
This Resolution approves the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.
2010/02/14
5127

متميز
إجابة أخرى من
830 830 إجابات •
عرض الجميعMy tenant was supposed to vacate as per the contract. Can I rent the property to another tenant? 0
Good morning.
My tenant was supposed to vacate the property on 15th April 2025 as per the contract.
Now he is not answering the phone, and the property is still in use.
Please guide the way forward. I have already rented the property to a new tenant.
2025/04/16
26
Do smart police stations in Dubai override official filing hours for legal deadlines? 0
Dear Lawyers,
The case needs to be filed during official working hours, on a subsequent working day (if the last day falls on an official holiday), in Dubai.
With Smart Police Stations operating 24/7, how are these situations considered?
Should the case be filed during working hours, say before 3 PM, etc.?
2025/04/16
19
How can we recover a salary advance to a new employee if he fails to come to duty and uses alcohol? 0
As the HR manager of a company, I have issued a salary advance to the employee. Upon joining, he failed to go to duty and used alcohol daily in the camp.
I have a signed thumb-impression cash receipt. What options do I have to recover the AED 7000 advance paid to the employee?
Please help.
Regards,
B.
2025/04/16
36
Am I allowed to wear a burka during the divorce hearing at the family court? 0
Hello,
Am I allowed to wear a burka during the divorce hearing at the family court?
2025/04/16
45
Can I use my husband's case number to get information about his exit date? 0
Hello,
I have my husband's case number. Can I get information about his exit date using the case number?
Fujairah Jail.
2025/04/16
21

متميز
إجابة أخرى من
1601 1601 إجابات •
عرض الجميعWhat is the legal process of acquiring 50% ownership stake in a local company in Dubai? 0
A local company in Dubai intends to acquire a 50% ownership stake in an auto repair business currently owned by an individual (100%).
We are seeking professional legal advisory services to guide us through the acquisition process.
2025/04/11
81
Can I file for mutual divorce from Dubai as an Indian resident and my husband works in Saudi? 0
Needed to know if I am eligible to file for mutual divorce as an Indian expat living in Dubai and holding an Indian passport and also have Canadian PR.
My husband is a Canadian citizen working in Saudi on a work visa.
What are my rights?
Can I ask for alimony?
Can I file for divorce from Dubai?
I have no children from the marriage.
2025/03/21
91
What are my options after my rental renewal offer and deposit was rejected by the owner? 0
Hello,
I submitted an offer and deposit through the trustee office, but the owner rejected it. What is the next step?
They sent an email notification stating that if not renewed within the contract's end time, 500 AED will be deducted for each additional day of stay.
2025/03/20
63
How can I cancel my visa and POA for financial matters if I have a travel ban for company bounced cheque? 0
I am seeking urgent guidance regarding my current visa status in the UAE. I was previously employed by a company that has now shut down, but my visa is still under that company.
During my tenure, I held Power of Attorney (POA) for all financial matters. However, after a cheque issued by the company bounced, the owner revoked my POA without my knowledge.
The company officially closed last year, and the owner (a lady) has been missing since the case emerged.
No one from the company is responding, and I am currently stuck in Dubai due to a travel ban imposed on me related to this case.
I need clarification on the following points:
How can I cancel my existing visa under this closed company?
Will I be able to obtain a new visa under another company despite the travel ban?
Are there any legal blocks or restrictions affecting my visa or employment options?
What legal steps can I take to resolve this situation?
I would appreciate your guidance on the next steps and any possible solutions.
2025/03/20
76
Does a cheque bounce effect my AECB score ? Is there a policy for this? 0
Does a cheque bounce affect my AECB score?
Is there a policy for this?
2025/03/20
89

متميز
إجابة أخرى من
251 251 إجابات •
عرض الجميعHow can I register a complaint against my employer for holding my passport after visa cancellation? 0
My new employer is not changing my visa status and refuses to provide cancellation papers, especially when I don’t recall signing any cancellation documents and haven’t received my gratuity yet.
How can I register a complaint against my employer for holding my passport after visa cancellation?
I had completed my one-month notice period and followed all procedures properly when I resigned. I'm currently working in a free zone company.
2025/04/18
21
Can my work visa be canceled if I have ongoing loan and credit card payments? 0
Hello,
I am switching jobs soon.
Can my current work visa be canceled if I still have a personal loan and credit cards that I am making payments on?
2025/02/24
210
The public prosecution appealed a judgment to increase the fine I already paid. What do I do now? 0
Good afternoon,
Thank you for your time.
The public prosecution appealed my judgment (a fine that I satisfactorily cleared) and requested increasing the fine.
Can you please explain what happens during a criminal case appeal hearing for me as a defendant?
Will I be asked questions?
Is the hearing just for the Public Prosecution to present their appeal to the judge, and I do not need to give a response?
Thank you again for your time.
2025/02/07
149
My husband has been arrested in a drug case in Ajman for two months. How to get him out? 0
My relative is staying with his friend. His friend was arrested for drug trading (MDMA). My husband also got arrested, but he is not involved in trading. He is a first-time offender in drug use.
He got arrested two months ago and he is in Ajman, Jurf jail. He is asking us to give money to a lawyer to make the court order and release fast.
Is it possible?
How long will it take for his release and court order?
What will be the court order?
2025/02/06
148
I purchased an apartment, but the previous landlord refuses to vacate. What to do? 0
Hello,
I bought an apartment, but the previous landlord is refusing to vacate it. The contract clearly states that the landlord should hand over the apartment on the day of the transfer.
Out of courtesy, I gave him three days to vacate so he could find a new place to stay, but the time has passed, and he is still refusing to vacate and hand it over.
What should I do in this case?
2025/02/04
74

إجابة أخرى من
207 207 إجابات •
عرض الجميعDo I have to pay the value of training to the company in case of terminating the contract? 0
Salam,
My company has filed a complaint against me in MOHRE related to training fees.
This is the clause mentioned in my contract:
"The Second Party shall be obliged to pay back the value of the training (which is estimated at an amount of 10000 AED) when they terminate the employment contract based on their own free will (within One Year) from the date of commencement of their contract, without prejudice to the First Party's legal or contractual obligations. (the amount agreed on for the value of the training period must be commensurate with the employment period of the employee)"
My question is:
1. I served 11 months in the company. Can they demand the full 10,000 or it should be less due to 11 months (as per the last line of the clause)?
2. I didn't even get training from the company. I learned normally by working on projects with seniors. No training session was conducted for me. Should I still have to pay?
My case is in MOHRE.
Thanks
2024/11/13
251
Can I apply for Amnesty 2024 with a bounced cheque and credit card debt? 0
Hi,
Amnesty 2024 has just started, and I really want to apply for it, but I have a company bounced cheque and personal credit card debt.
Is there any solution to avail of the amnesty and legalize my status? If yes, what is the step-by-step procedure?
Thank you to those who can enlighten me on this question, and God bless us all!
2024/09/02
973
How can I resolve a travel ban with an expired passport and a bounced check case? 0
Hello,
I have a civil case for a bounced check and a travel ban. My passport has expired and can only be renewed in my home country.
Due to the travel ban, it is not possible to exit and renew the passport. With an expired passport, I can't work.
What are the options in this situation? Can my wife take this case and start paying in installments so that I can go to renew his passport and come back?
Thank you!
2024/06/28
168
I have an unpaid credit card in the UAE and I will be traveling to Qatar. Will I be arrested? 0
I have an unpaid credit card of approximately AED 45000 in the UAE.
I will be traveling to Qatar due to work.
Will I be arrested in Qatar?
2024/06/21
149
Requesting additional fees due to cheque postponement. What should I do? 0
Good day,
I requested the lessor to divide my upcoming cheque into two payments instead of the full amount on the 1st of December. I paid 50% on 1st December, and the second payment was scheduled for 30th December.
However, they considered it as a cheque postponement and asked for an additional fee.
Upon reviewing the contract, I found point number 8 states that a cheque postponement request will be subject to management approval, and it doesn't mention any extra fees—just approval.
Is this normal, and should I pay for it, or not?
Please help!
2023/12/19
197

متميز
إجابة أخرى من
297 297 إجابات •
عرض الجميعHow can I lift my ex-wife’s travel ban on my son and secure full custody? 0
Hello,
My ex-wife has already obtained a travel ban for my 7-year-old son, who has been living with me for more than two years without any support from her.
What should I do to get the travel ban lifted permanently? Should I file a custody case, and will it help?
How can I get full custody of my son, as his mother cannot properly take care of him?
2025/03/20
64
What can I do if my tenant is not providing rent cheques nor responding to renew the tenancy contract? 0
Hi,
I am a landlord and need advice on the following scenario.
- The contract with my tenant expired in Sep 2024. Upon requesting the renewal, the tenant mentioned that she is out of the country and will sign the renewal contract and provide the rent checks. In the meantime, she paid the first quarter of rent through a bank transfer.
- After 3 months, when the next quarter's payment was due, she deposited the next quarter's rent into my bank but did not sign the contract renewal despite my follow-up with her multiple times. At this time, she had returned to Dubai.
- Now the next quarter payment is due, however, the tenant is not responding to WhatsApp or answering calls. She is NOT paying rent or renewing the contract.
What action can I take since she is not answering my calls or messages?
She does not have a valid contract or Ejari, and her rent is delayed by 1 month. All WhatsApp messages are delivered, but she chooses not to respond.
2025/04/18
19
How can I register a complaint against my employer for holding my passport after visa cancellation? 0
My new employer is not changing my visa status and refuses to provide cancellation papers, especially when I don’t recall signing any cancellation documents and haven’t received my gratuity yet.
How can I register a complaint against my employer for holding my passport after visa cancellation?
I had completed my one-month notice period and followed all procedures properly when I resigned. I'm currently working in a free zone company.
2025/04/18
21
Can the new owner use the old eviction notice to re-rent at a higher rate? 0
Hello,
My landlord issued an eviction notice stating an intention to sell.
He has since sold the property before the eviction date, and now the new owner intends to use the old notice to evict me and re-rent the apartment at a higher rate.
Is this allowed?
2025/03/24
119
My tenant was supposed to vacate as per the contract. Can I rent the property to another tenant? 0
Good morning.
My tenant was supposed to vacate the property on 15th April 2025 as per the contract.
Now he is not answering the phone, and the property is still in use.
Please guide the way forward. I have already rented the property to a new tenant.
2025/04/16
26

إجابة أخرى من
35 35 إجابات •
عرض الجميعIs party C bound by the JV agreement between parties A and B after subcontracting its work to them? 0
Dear Lawyers,
There is a JV agreement between Party A and Party B. An Addendum was made in which Party C was added and subcontracted all its work to both Party A and Party B, forming a wholly separate contract.
There is an arbitration clause in the JV agreement. Is Party C bound by that clause? DIAC.
2024/09/23
78
If an employee resigns, are they eligible for gratuity and annual leave? 0
Dear Sir/Madam,
What happens if an employee resigns after 1 year and 4 months of service?
Are they eligible for gratuity and annual leave?
2024/07/11
426
Is it legal to resign after a recent visa renewal if I haven't been paid for months? 0
Dear Sir/Madam,
I've been working at our company for more than 8 years. Is it legal to resign if my visa was just renewed last March 2024?
My reason for resigning is that the owner hasn't given me a salary since March.
2024/07/11
1815
Shipping company holding goods due to floods, storage charges increasing. What now? 0
Dear Sir/Madam,
Seeking legal help for a dispute with a shipping company.
They are holding onto our goods because, during the Dubai floods, they were closed and refused delivery. We urgently need legal help to resolve this, as the storage charges are increasing each day.
Can you please advise on how to proceed?
2024/05/14
140
My employer holds my passport and asks for visa expenses to cancel it. Should I pay? 0
Dear Sir/Madam,
I am an expatriate in Dubai. I joined a company in Dubai, and my contract started in November 2023. It is a limited contract. Due to some issues with the management, they informed me that I would have to leave the company in March 2024, which I did.
Upon asking them to cancel my visa so I can return home, they said I have to pay around 5000 AED towards the visa expenses. I have asked them for the exact amount, but they haven’t provided it yet.
My passport is with them. I would like to check whether I have to pay the visa expense to them.
Since I am not aware of the formalities, I haven’t approached the Labour Department to get my passport back to leave. I fear they may cause more trouble if I initiate a complaint.
I would like to seek your valuable advice on how to proceed to claim my passport and exit UAE.
Please help!
2024/05/08
451
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