Questions & Answers
Questions & Answers
8 available 8 • View allDefaulting on property installments and refund from the developer
27
Q: Refund from Escrow Account
I have purchased a unit from Danube Properties. According to them, the project handover will be in 2024 or 2025.
Due to some unexpected financial crisis, I can’t pay the instalments, due to which I have some penalty amount as well.
My question is if I cancel the unit, will I get the refund of my monthly payments since the account to which I am transferring the amount is an escrow account, not the direct Danube account?
Thanks

Jan 10, 2019
7043
Claiming refund for delay in property handover after full payment


0
Q: I have bought three apartments in a project and the delivery date was in 2018. I have paid 100% and nothing is pending.
The builders informed me that the delivery will be in July 2019 but now they are saying the end of Dec for one apartment and the rest in 2020.
If I want to withdraw and cancel the contract, can I get the complete refund and will I receive the interest too?



Sep 30, 2019
765
التصرُّف الأمثل عند تأخُّر الشركة العقارية في تسليم المشروع لفترة طويلة

0
س: السلام عليكم،
أنا مقيم من الجنسية السورية منذ 15 سنة. اشتريت عقار من شركة منذ عام 2015 على أساس التسليم في 2017.
حتى الآن البناء لم يُنجَز منه شيء، وكل شهر يُخصَم الشيك الشهري المقدَّر بـ 2700. مجموع المبالغ المدفوعة حتى الآن 170000.


Apr 6, 2020
391
Cancellation of an off-plan property contract due to delivery delay

2
Q: Seeking cancellation for the delaying property delivery, as developers are not being reasonable.
I purchased an off-plan property in Dubai which was due for handover in June 2018 but still incomplete as of May 2020 (approx. 58%).
80% has been paid from a purchase price of 1.97 million, plus 4% DLD fees.
After pleading with developers for assistance, I recently got offered 2 x 999,999 AED, properties from the Developer (not ready till first quarter 2021 apparently), plus DLD fees as they would be classed as new sales.
I wish to cancel the purchase. Do I get additional rights for a 2-year delay and being under 60% completion?
Can I use force majeure (I'm on 75% wage reduction till September due to COVID-19)?
Has a law come into play to have additional compensation whilst renting during the delay? (I was advised on June 2019 by the SLC that there were discussions at DLD but nothing official). Can you claim the 4% DLD fees back?
Thanks in advance


May 11, 2020
1510
How to cancel an off-plan property contract and recover the amount paid?
1
Q: I have paid about 15% of installments to an off-plan project. However, due to Covid-19, I am unable to keep up with repayments at the time being.
I am also concerned that it has been almost 2 years since I signed the contract and no work has started on the project, it seems no progress.
The handover was scheduled to be in 2021 but now delayed to 2022. How could I cancel without losing my 15% paid?
And if I continue to pay, but I am not happy with being delayed and never starting work, what should be done?

Nov 15, 2020
917
Urgent termination of SPA and claiming full refund due to project delay
1
Q: Urgent termination of SPA and claiming full refund and compensation due to a project delay.
I have purchased and paid in full towards 2 off-plan studios in Dubai. The developer, as per the SPA, was supposed to complete in 2019, They failed to deliver even by December 2020 and now keep changing the dates.
They recently said quarter 1 2021, now saying quarter 2 2021. They have achieved a ridiculous 2% progress in 6 months and have admitted that to me in writing.
I would like to know if I can cancel the SPA and get a full refund as I am facing losses and damages now.
I have written to them via email several times and they say that it will not be possible as the units are registered and it is an active project and construction is in progress. I do not find this satisfactory.
I would like to act fast on this.
Please advise!

Mar 25, 2021
305
Right of the buyer to terminate the SPA and request refund for delay in handover


1
Q: I purchased an off-plan property in 2017 in Dubai.
Handover per the SPA was early 2018. I served a formal request for handover in 2018, however, the builder used 1-year extension as per the SPA and revised the handover date to early 2019.
Then in 2019, I enquired about the handover, but the builder used an additional 1-year extension as a remedy period. Again I enquired in 2020, construction was incomplete but the seller/builder promised mid-2020.
Now in 2021, the building is near to completion (but still not certified). However, I have raised a formal request to claim a refund as per the contract due to delay.
Can I personally go to the Dubai Courts service center and make a legal notice to the builder. I am a non-Emirati, however, a resident.
Please advise



Mar 29, 2021
152
Getting the money paid for buying an apartment refunded after waiting for years

1
Q: Hello,
We bought an off-plan apartment in 2006 in Sports City Dubai. It was supposed to be finished 2 years later. We have paid all monies to date as requested but not the final one as we haven't been asked for it.
We have had no notification from the company MED based in the Red Residence in Sports City. Can you please help?
We would at this stage now like to have all our money paid into this project refunded to us. It is ridiculous to be still waiting all these years later. We are now in our 70s and obviously like to know what the outcome would be.
Yours faithfully,


Jul 15, 2022
255
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
4823
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
3113
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
5121

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81 81 answers •
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Hello team,
I have a Chinese team in a Dubai-based company, they are working in Dubai itself.
Can we exempt them from Dubai national holidays and provide holidays related to China national holidays?
Can you please suggest something?
Jan 4, 2023
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What should you do when you get a police call without knowing the reason? 0
I got a call from police yesterday said I should come today to give a statement they didn’t tell me what it’s about.
I’m freaking out, all I know is I owe Etisalat. Apart from that, I don’t have any issues here. Can you help?
Feb 13, 2021
2537
Partner's liability while other partners are outside the country 0
My wife is a partner in a civil company in Dubai. The company has 4 partners; 3 of them are out of the country.
The company bought things for AED 50k which was not paid back and now they filed a case.
What will be the liability for my wife? she is not the manager of the company.
What will be my wife's liability for that company?
Feb 4, 2021
504
Trade license and banking legality for any kind of trading activity 0
Hi Sudhanshu,
Hope you are well.
What are my rights for establishing an e-com business meant for trading outside the UAE.
1) Do I still need the UAE trade license?
2) Can I receive payments in the UAE banks through international online business since I live in the UAE and would be here for some more time?
Best regards,
A.
May 19, 2020
495
Filing criminal and civil cases against a company for cheque bounce 0
Hello,
I hope you're all doing well during this tough time.
I have a question in regards to bounced cheques, specifically corporate cheques.
I have a cheque for AED 800,000, and it has bounced. The owner of the corporate has asked for a month to pay back. However, I am worried he will leave the country and not honour his obligation.
My questions are fairly simple:
1) Am I to put a case on the individual who signed it or the corporate?
1) If I put a criminal and civil case on the corporate right now and he's unable to settle amicably, can I put a travel ban on the owner (who signed) as it is a corporate case?
2) Does the new insolvency law as of late 2019 also apply to corporates?
3) Is the owner personally liable if the company doesn't have assets or cash?
May 14, 2020
1681
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