Questions & Answers
Questions & Answers
10 available 10 • View allRefund case against the developer for project over-delay
0
Q: We are based in England, and we have invested in one of the projects called Lawns III at Jumeirah Village, Dubai in April 2009.
We paid about AED 448335 to a company called DEC LLC, P.O. Box 333876, and came to know that the project did not even start.
Now, we are chasing to get the refund with no answer from them and would like to know our right to get the refund in full with no delay.
Could you also provide me with legal help in order to submit my case?

Jan 10, 2018
1964
Default in fulfilling obligations under off-plan property purchase
1
Q: I bought an off-plan property In Abu Dhabi and have paid some percentage as part of the flexible payment program for the down payment.
However, no sale and purchase agreement has been provided to be signed by both parties.
Construction did not commence and recently, the entire project has been moved to another developer.
I have been contacted by the new developer and was told the project construction start date is indefinite.
Based on this, can I get a refund as I only have the reservation agreement and no contract has been signed, plus the project has not started which will definitely not be completed in time (even with a six months delay allowance)?

Jul 17, 2018
1158
Refund for delay in possession of apartment and compensation

1
Q: I bought an off-plan apartment in a tower in Dubai. 10+ years later, it still has not been finished and I have paid in full. Yet, they keep coming back to me and making changes and asking for more money.
The latest is about the size of my apartment. They are saying that it's bigger than what I agreed to and want me to pay more for the extra space.
In addition, they are asking for some electrical money, yet the apartment has not been finished. I feel they are asking for money that is not due. They send threatening emails for payment with no explanation.
As I have no knowledge about Dubai law and do not live in Dubai, I feel they would act differently if they had to speak to a knowledgeable person.


Oct 25, 2018
875
Claiming refund from developer after cancellation of project



3
Q: This is regarding an under-cancellation real estate project in Dubai (started in 2017 & was supposed to be handed over in Dec 2019 but progress did not move beyond 10%).
I made my cheques payable to the company rather than to escrow account. AED 881K was already cashed out of 1,460K (+ 58,400K for Dubai Land Dept).
What are the options available for recovering my money?
Thanks




Jul 7, 2020
1668
Claiming penalty for delay in property handover or termination and refund

0
Q: I have purchased a property in a Dubai project and as per my agreement, they are supposed to give me possession by the second quarter of 2019.
However, they have still not given possession and when I ask for the delay compensation of 4%, they are not responding to that.
As per Dubai Real Estate Law, can I cancel the contract?
I am no more interested in continuing with these guys. If I file a case in the court, will the court ask them to pay the delayed charges as well as the legal expenses?
Please advise


Jul 14, 2020
1401
The right action after cancelling the project of a purchased property

0
Q: Hi,
I have purchased a property in Dubai in 2014 and was promised for handover after 6 months, but didn't complete.
In 2018, the property was ceased by the land dept but the project where we had our unit was 90% complete so it was not cancelled and now they gave it to a new developer to complete it and hand it over.
We were told by the land dept now to contact the new developer for registration and handover. Now almost 2 months passed we have sent multiple emails to the new developer but no response from them. Not even acknowledged.
What should we do in this situation?
We have paid the full amount.


Oct 20, 2020
440
The developer insists on VAT payment in spite of delivery delay
2
Q: Hello,
We have purchased an off-plan commercial property in Dubai which was due for handover in Dec 2017 but still incomplete.
Delivery and handover should take place around mid-2021. The developer is asking to pay the VAT completely before year-end.
I have read that VAT must be paid at completion but the developer insists on VAT payment by December.
What should I do?
Thanks and regards!

Dec 15, 2020
351
SPA termination & refund case if the developer fulfills obligations during the case



2
Q: Termination of SPA for a delayed project with a Real Estate Developer.
Assumptions
1. Anticipated Completion Date as per the SPA: Q1 2017 + 12 months
2. The last available project status as per Dubai Rest: 94%, as of February 2019. However, the developer says that the project has been completed
3. The developer has been misleading the investor about imminent completion for about 3 years (evidence is available)
4. Investor fulfilled all his obligations
5. Price paid: 80%
6. Investor registers a claim for contract termination after about 3 years of delay
7. Developer is at fault at the date of starting the litigation
I would appreciate your opinion on how likely are Dubai Courts to support the annulment of the SPA if the developer sends a handover notice to the investor during the litigation?
What does it depend on?
Thank you.




Feb 7, 2021
612
هل يجوز للمطور الإخطار بإنهاء العقار بعد رفع المشتري دعوى قضائية بسبب التأخير؟
1
س: السلام عليكم،
اشتريت وحدات عقارية وقد تأخر المطور عن الميعاد المتفق عليه للتسليم وحتى بعد المهلة المتفق عليها للتسليم. سجَّلت دعوى نزاع عقاري ونُدِب خبير وأودع الخبير تقريره وبناءً عليه سجلت دعوى نزاع عقاري بالمطالبة باسترجاع المبالغ المسددة للوحدات المشتراة لإخلال المطور بالتسليم في الموعد.
في أثناء نظر الدعوى، أرسل المطور بريدًا إلكترونيًا لي بجاهزية العقار للتسليم.
السؤال هنا: هل يجوز قانونًا للمطوِّر إخطاري باستلام الوحدات بعدما سجَّلت دعوى قضائية قبل تاريخ إخطاره لي بجاهزية العقار؟

Feb 5, 2022
147
إرسال المطور إيميل لتسليم الوحدة بعد رفع المستثمر دعوى ضده لفسخ العقد بسبب التأخير



2
س: السلام عليكم،
لدي دعوى عقارية وقد تأخَّر المطور في إنجاز المشروع. أخطرت المطور بإشعار إنهاء عقد موثّق من الكاتب العدل وبإعلان بالنشر.
بعدها سجلت قضية لفسخ العقد واسترجاع المبلغ المدفوع لشراء الوحدة، وفي أثناء نظر الدعوى، أرسل المطور إيميل لي بإخطاري بسداد المبلغ المتبقي وباستلام الوحدة.
هل هناك قانون يجيز أن تعتبر الوحدة قد سُلِّمت لي بموجب البريد الإلكتروني من المطور أثناء نظر القضية ولم يصدر فيها حكم بعد؟




Jul 25, 2022
185
Laws & Regulations
3 available 3 • View allLaw 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.
Aug 14, 2008
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.
Apr 12, 2009
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.
Feb 14, 2010
5154

Other answers by
What to do in case of issuing cheques to a friend for rent and is not paying the amount? 1
Hi Ms. Jennifer,
My friend in Dubai opened her dance studio in Karama & requested me to give her 4 cheques in my name as they had some issues opening an account.
She assured me that every alternative month before the due date of the cheque she would deposit the said amount in my account. The 1st cheque was on 10 Nov 2022, for which she put the amount in my account.
On 10 Jan 2023 was the 2nd cheque & this time she did not put the money in my account, I borrowed money from my known sources to avoid the cheque bounce case.
It has been 13 days now & she has still not deposited my money in the account. How can I get out of this situation?
I want to take back my 2 pending cheques from the landlord as the class does not belong to me, I just helped on humanitarian grounds & this is what I got in return.
I have been messaging her pleading with her to deposit the money in my account but she has been giving me excuses.
Please guide & help me.
Jan 23, 2023
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Starting a new business after closing the old one 1
Dear sir/madam,
I am planning to start a new business in the UAE. I left my old office and planning to go for the registration of a new license.
Is there any legal issue to start a business? And can I approach my existing clients for the new business?
Apr 18, 2022
296
Refusing to return the remaining rental cheques despite providing a proper notice 1
Dear sir/madam,
Can a landlord refuse to return the remaining rental cheques if the tenancy agreement has been terminated earlier with proper notice in place?
I am vacating a quarter earlier, but the landlord refuses to return the 4th quarter cheque until I vacate the premises and he makes post-inspection despite having a separate security deposit amount in place.
Feb 14, 2022
934
Is it possible to settle credit card debts after losing job and leaving the UAE? 1
Hi,
I was laid off in June 2020 during COVID19 and had credit cards in several banks. I had to leave the country but was still paying the banks up until September 2021.
So I was getting calls from the bank, and the last one was maybe in December 2021. A new law came into effect this January, so the cheque bounce was decriminalized but the civil case is still there and a new option of some kind of execution is also there now.
I don't know if I got any cheque bounce, do I get a notification on my email or SMS on my mobile? (My mobile is still active and I am outside of Dubai since then).
Also, want to ask- under the new rule does the execution smth can lead to imprisonment and/or a travel ban? And if yes then for how long?
Will I be able to come to Dubai and find a job if the execution case is there?
Thank you
Feb 7, 2022
525
Vacating an apartment by the landlord upon tenant's refusal of the new contract 3
Hi,
I have a query regarding a contract renewal. I have given notice by the notary public to my tenant to vacate my apartment.
He is not agreeing on terms and conditions and is asking to have the same terms and conditions as the previous year's contract, for which I said that I will not sign the contract which contains renewal terms and conditions.
(I told him 90 days before the current contract expiry date that I am not willing to renew and I will give the notice to vacate).
So if I do not sign the contract and it gets renewed automatically, can my tenant challenge the notice by a notary public at the time of vacating the apartment?
Thank you!
Jan 24, 2022
558
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