أسئلة وأجوبة
أسئلة وأجوبة
4 متاح 4 • عرض الجميعالمطالبة بالتعويض واسترداد الأموال بالكامل بسبب التأخير في تسليم العقار


2
س: مرحبًا،
أحتاج إلى المشورة.
لقد اشتريت عقارًا لا يزال قيد الإنشاء.
شروط الدفع كانت 40٪ أثناء البناء و60٪ عند التسليم. لقد دفعت 70٪ من قيمة العقار (لن يتم ذكر اسم المطور العقاري هنا).
وفقًا لاتفاقية البيع والشراء، كان من المفترض أن يكون التسليم في شهر ديسمبر 2018 وتم تأجيله لأكثر من 15 شهرًا. من المتوقع حيازة العقار بحلول نهاية العام.
أريد أن أعرف عن إمكانية الحصول على تعويض بسبب التأخير (يغطي بشكل أساسي خسارة الإيجار المحتملة أو تكلفة الفائدة) أو إنهاء اتفاقية البيع والشراء واسترداد كل ما دفعته.
هل يمكن أن يخبرنا أي شخص ما هو متوسط أتعاب المحامي ومصاريف المحكمة؟
مصاريف التقاضي: هل سيدفعها المطور العقاري في حال كان حكم المحكمة في صالحي؟
شكرًا.



2021/04/01
688
الإجراءات القانونية التي يمكن اتخاذها بسبب التأخير في تسليم العقار
4
س: لقد اشتريت شقة في عام 2017 وكان تاريخ الانتهاء المقرر هو الربع الرابع من عام 2018. حتى الآن، لم يكتمل البناء. وبسبب تحديث البناء، لن يكتمل في عام 2020.
وفقًا لاتفاقية البيع والشراء، دفعت بالفعل 50٪ من قيمة العقار و50٪ مستحقة الدفع عند الانتهاء. وفقًا لشروط التخلف عن السداد والإنهاء المذكورة في اتفاقية البيع والشراء، لقد أرسلت إشعارً بالإنهاء في 5 يناير 2019.
ينص هذا البند بوضوح على أنه "إذا لم يكن البائع قد أرسل إشعار الإنجاز في غضون فترة 12 شهرًا من تاريخ الإنجاز المتوقع (ما لم يكن التأخير ناجمًا عن قوة قاهرة) وكان المشتري قد أوفى بجميع التزاماته بموجب هذه الاتفاقية، فإنه يحق للمشتري أن يرسل إشعارًا خطيًا إلى البائع يطلب منه استكمال أعمال البناء في غضون 90 يومًا من استلام الإشعار الخطي للمشتري.
لقد انقضى هذا الوقت وعليّ الآن إرسال الإشعار الثاني لأن فترة تصحيح الخطأ البالغة 20 يومًا تقترب من نهايتها.
يرجى تقديم المشورة بشأن الخطوات القادمة.

2020/06/14
2369
I bought a property off-plan and took me time to pay the 4% DLD. Can the developer cancel the contract?




1
Q: I have bought a property in Dubai off-plan. The villa was completed at the end of Jan (1.5 months ago). I haven't had the funds to register the property with DLD until now, mid-March.
Until now, I have paid the 20% deposit to the builder and taking 80% on mortgage. The mortgage with the bank is now ready with the manager's cheque and sent to the DLD office ready for registration.
As it has taken some time for me to arrange the 4% DLD, the builder is now telling me he is going to cancel the contract or charge me an additional amount as the market price has gone up.
Is this possible?
What rights does the builder have?
I am ready to register the property next week with DLD but the builder is threatening to take alternative action.





2024/03/22
240
Is it possible to ask a developer to amend certain terms in their SPA for an off-plan development?




1
Q: Hello,
Is it common or possible to ask a developer to amend certain terms in their SPA for an off-plan development?
If so, will the amendments apply to all buyers or just to me?
Thanks!





+3
2025/03/07
98
المدونة القانونية
1 متاح 1 • عرض الجميعContracts 101: Official Agreements to WhatsApp Messages 2
An interview-format article covering the topic of contracts in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
2021/03/03
1154
قوانين وتشريعات
3 متاح 3 • 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
4852
Law No. (9) of 2009 Amending Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 2
The provisions of this Law supersede articles (2) and (11) of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.
2009/04/12
3140
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
5153

متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعCan a DTC holiday home permit be used as proof that my landlord re-rented the property after evicting me? 1
Hello,
My landlord vacated the property with 12 months' notice, stating he would live there himself.
However, he started renting the property through the holiday homes system.
Is a permit issued by the DTC for a holiday home valid proof to prove that he is renting and to claim compensation?
2025/03/18
68
Can I file a case against a friend for privacy breach if he claimed I scolded him for his act? 0
On Jan 2, 2025, one of my close friends did a privacy breach and recorded me and my van in some specific place.
On Feb 5, when I called and asked him why he did this to me, he went and gave a complaint that I scolded him and threatened him.
The same case was later closed by the PP when we negotiated outside the station and apologized.
At this juncture, can I file a privacy breach case against him, which happened on Jan 2, 2025, and on Feb 5 I scolded him only for the privacy breach that happened on Jan 2?
2025/03/18
82
I have video recording of my husband beating me. Can I show this in the child custody hearing? 0
I have a video recording of my husband beating me in our garden.
Can I show this in the child custody hearing?
It was filmed with my phone camera
2025/03/19
72
What are the legal consequences of my partner's voluntary withdrawal from our company? 0
Hello,
My partner voluntarily withdrew from our company which we established in Dubai, United Arab Emirates.
We established this company on July 1, 2024. Until now, there is no income or revenue. What is the legality?
2025/04/09
97
Getting my children back from the UAE after my ex-husband took them to avoid divorce 1
Hello,
I'm in Canada, and I filed for divorce. My husband, who owns a real estate company in Abu Dhabi, kidnapped our children and took them to the UAE to avoid the divorce and force me back to him.
My children are twin boys, 8 years old, and a 10-year-old girl. What can I do?
I want to follow them and take my children back, but he says his local Emirati connections will file criminal cases against me and have me jailed if I go there. What can I do remotely?
Does the UAE return kidnapped children to their mother? In the UAE, a guardian cannot legally kidnap their own child; what does this mean for my case?
If I report him, what happens to my children? Will they be held until I arrive to take them?
2025/03/03
89

متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعMy previous organization has not yet released EOSB because I contacted a client. Is this legal? 0
I recently joined a new organization in the Hamriyah Free Zone, and my previous organization has not released my end-of-service benefits.
The HR has instructed the finance team not to do so because I had contacted one of their clients.
In my DMCC contract, there is no Non-Compete clause, but the offer letter has one, and now they are not releasing the end-of-service.
Is this legal? What are my rights?
2025/04/30
1
How many days do I need to wait for company cancellation following resignation and notice? 0
Hello,
How many days do I need to wait for company cancellation following resignation and one-month notice?
2025/04/29
25
Employer agreed to settle before MOHRE. What if they don’t pay the promised amount? 0
Hello,
I already have a dispute order with MOHRE. Then my employer became willing to settle the case.
What should I do in case they do not follow through with the promised amount to pay?
2025/04/29
29
Despite a waiver, the case is still with the public prosecution. Can I travel? 0
Hello,
I had a case regarding fraud by technical means, and we did a tanazul.
It was attested and submitted to the court, but the case still hasn’t been dropped and is now with the public prosecution.
What do I do now, as I need to travel urgently?
2025/04/28
23
Does filing an online rental dispute by a landlord lead to a travel ban on the tenant? 0
Hello,
Does the initiation of an online rental dispute case by a landlord in Dubai automatically lead to the imposition of a travel ban on the tenant?
This is not related to bounced cheques; the dispute concerns wear and tear versus damage claims by the landlord.
2025/04/28
4

متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعMy previous organization has not yet released EOSB because I contacted a client. Is this legal? 0
I recently joined a new organization in the Hamriyah Free Zone, and my previous organization has not released my end-of-service benefits.
The HR has instructed the finance team not to do so because I had contacted one of their clients.
In my DMCC contract, there is no Non-Compete clause, but the offer letter has one, and now they are not releasing the end-of-service.
Is this legal? What are my rights?
2025/04/30
1
Employer agreed to settle before MOHRE. What if they don’t pay the promised amount? 0
Hello,
I already have a dispute order with MOHRE. Then my employer became willing to settle the case.
What should I do in case they do not follow through with the promised amount to pay?
2025/04/29
29
Despite a waiver, the case is still with the public prosecution. Can I travel? 0
Hello,
I had a case regarding fraud by technical means, and we did a tanazul.
It was attested and submitted to the court, but the case still hasn’t been dropped and is now with the public prosecution.
What do I do now, as I need to travel urgently?
2025/04/28
23
Does filing an online rental dispute by a landlord lead to a travel ban on the tenant? 0
Hello,
Does the initiation of an online rental dispute case by a landlord in Dubai automatically lead to the imposition of a travel ban on the tenant?
This is not related to bounced cheques; the dispute concerns wear and tear versus damage claims by the landlord.
2025/04/28
4
How can we claim our money back if the cheque we received have bounced for insufficient funds? 0
We received a cheque which has now bounced. We have tried for over a month and a half now to get a new cheque from the person, and every day he says the next day.
We need the money now. We have been to the police station, and they said they can not do anything as the reason the cheque bounced is "Insufficient funds."
We have been to Al Barsha - Dubai Courts, and they said there is nothing they can do about it.
We are not sure what we can do. We need the money asap to pay our kids' school fees, let alone all the interest we have lost.
2025/04/28
35

متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعIn how many days can we file a criminal case and what is the role of the public prosecutor? 0
In how many days can we file a criminal case and what is the role of the public prosecutor?
2025/03/18
105
What notice to follow while resigning if there is contradiction, the company contract or MOHRE contract? 0
I'm trying to resign from my company and found out there's incorrect information between my employment contract, my government contract, and the employee handbook.
I was under the impression of having a week's notice period but I'm being told it's 3 months and I'm losing a month's worth of salary.
On top of that, it's showing a non-compete clause for the same industry. I'm trying to change companies in the same industry, how much of an issue is that?
2025/03/18
73
Is the employee responsible for the expenses of changing his visa status from tourist to employment? 0
My friend is currently in the UAE on a visit visa and has received a job offer from a company.
However, the employer is asking him to pay for the visa status change from a visit/tourist visa to an employment visa since he is inside the country.
According to UAE labor law, who is responsible for covering these charges—the employee or the employer?
2025/03/19
63
What are the working hour regulations for nursing mothers in the UAE during Ramadan? 1
Hello lawyers,
Could you please clarify the regulations regarding working hours for nursing/breastfeeding mothers in the UAE during Ramadan?
How many hours are they entitled to?
2025/03/20
109
In an RDC enforcement case, what is the best way to pay, on the RDC app or directly to the landlord? 0
Hi
In an RDC enforcement case, what is the best way to pay?
1. On the RDC app or directly to the landlord?
2. I will pay today 1/3 of the outstanding, can I apply for a payment plan and how shall I do this?
Please advise.
Also, what will it cost me to get assistance in this process?
Thank you
2025/03/17
116

متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعHow to take a legal action after being scammed by an individual and a corrupt lawyer? 1
Hello,
We have been scammed by an individual who did not provide the stated service. They took a lot of money and important documents. I have audio recordings of him talking about these things.
We had a bad lawyer in Iraq who stole property by forging documents. This man said he had many connections to help us. While it was true that he had connections, he didn’t actually help us.
Instead, he cooperated with the bad lawyer, agreed with him, and gave the bad lawyer all our important documents.
2024/12/24
308
What is the difference between filing a criminal case or a financial case for business fraud? 1
Dear Lawyers,
What is the difference between filing a criminal case or a financial case for business fraud?
Can both be done through a lawyer?
Thank you!
2024/09/24
103
How to recover my money after my 2008 property purchase was canceled? 1
Hi,
I purchased a property in 2008 and have now discovered that it has been canceled. I have all the documents and payment records.
Can you please help me recover it? If not, how can I recover my money?
Thank you!
2024/08/26
128
Can I apply for a residence visa after availing the amnesty program? 1
Dear Lawyers,
In case the person avails the amnesty facility and does not want to return to his home country, but wishes to stay in the UAE, can he apply for a residence visa?
2024/08/29
268
How can I recover my money with a hold on my account due to a remitting bank request? 1
Hello experts,
I have a hold on my bank account even though I have shared all the requested documents with the bank proving that the money belongs to me. However, they keep insisting that the remitting bank requested a recall.
Today, I received a notice of account closure from my bank. When I inquired about the amount on hold, I was informed that only the available balance will be issued via a manager's check.
The issue has been ongoing for almost 5 months now. Any advice on how to get my money back, please?
2024/08/27
153

متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعCan a debt agency access AECB reports without consent for a 15-year-old closed case? 0
Dear Respected Lawyers,
Subject: Request for Legal Advice Regarding Unlawful Practices by a Debt Collection Agency
I would greatly appreciate your advice and guidance regarding a troubling issue my colleague is facing with a collection agency.
The company has been contacting the employer, urging them to ask my colleague to get in touch with them regarding a supposed liability.
This claim is related to a 15-year-old closed dispute with a bank credit card, and the issue seems to stem from outdated and inaccurate information on the AECB report.
Our main concerns are as follows:
Unauthorized Access: The company is accessing her AECB report without her consent. She has never given permission for them to retrieve or view her personal financial information.
How is it possible for a third-party agency to openly access and track AECB reports, especially for a dispute that was resolved 15 years ago?
2025/04/08
106
I was evicted from my apartment to be sold but it was gifted and rented at a higher price. What can I do? 0
I was evicted from my apartment after living there for five years. My landlord informed me a year in advance that the lease would not be renewed because he intended to sell the property.
Prior to this, he attempted to impose a rent increase that was not compliant with RERA regulations, which I refused to accept. He then served me with an official Dubai Court eviction notice, citing the need to take back the property for sale.
Five months after I moved out, I discovered the property was rented out at a much higher price. Upon further investigation, I found that the ownership was transferred as a "Gift" rather than a sale.
This makes it seem like the eviction was only to raise the rent rather than a genuine need to sell.
Do I have a valid case for wrongful eviction against my landlord?
Also, under Dubai law, does transferring ownership as a "Gift" hold the same legal grounds as selling in justifying eviction?
2024/12/18
113
Can I file a case for cyberbullying or defamation after my ex-wife's abusive messages? 1
Hello,
My ex-wife has abused me in chat and called me the following: illiterate, beggar, and said that I don’t have [------].
She called me a bad parent and a bad son.
Can I file a cyberbullying, defamation, or abuse case against her? What are my options?
2025/01/03
130
I invested money in a business but my partner is removing me out from partnership. Can I pursue legal action? 0
Hi
I'm an Irish citizen and a resident of the United Kingdom. I got investment fraud in Dubai. I invested money into a business with a Pakistani national guy in March 2024 via bank transfer into his business account.
Now he's giving back the money which I invested in business after 9 months. He's preparing a letter from a local lawyer to kick me out of the business. I do not have any other option than to take out at least my money.
But it's unfair to me that he used my money in business and took all the advantage.
Some people say to me that if you claim money or take legal action against him, it will take too much time and I need to travel to Dubai to appear in court because it is a civil matter. But I'm not a resident.
How can I follow the civil case there?
That's why my partner knows that I can not do anything and this case keeps running long time and in the end nothing happens. But I'm thinking that I will submit a complaint through my embassy and I also have a solicitor in the United Kingdom.
2024/12/24
70
Seeking justice and compensation for wife's loss due to medical negligence during childbirth 1
Dear Lawyers,
My relative lost his wife during childbirth due to clear medical negligence, as stated in the report from the DHA medical committee.
He had to relocate to India due to the situation and is currently working there.
Please guide us on the steps to take for justice and compensation.
2024/12/19
91
احصل على عروض أسعار من محامين
ابحث عن المحامي المناسب لاحتياجاتك القانونية.
أرسل طلبك واحصل على عدة
عروض تنافسية من
محامين مؤهلين.
أسئلة شائعة
عرض الجميع هل تبحث عن شيء آخر؟
اطلب استشارة من محامٍ