Questions & Answers
Questions & Answers
6 available 6 • View allDelayed property projects and the right to exit the SPA
3
Q: Delay in property completion and need for cancellation and exit from SPA
Hello All,
I booked for an off-plan property in Downtown Dubai by a leading builder. The completion date was June 2018. However, the property was not completed in June of 2018.
I received a note in April 2018 citing the new completion date would be Dec 2019.
Since the completion date is well over the stipulated grace period in SPA, I had requested the builder for a friendly settlement by cancelling the SPA and refunding the money as per the default by vendor clauses in the SPA.
This has been refuted by the builder and repeatedly says that they cannot cancel the SPA and neither can they refund the money. What are the options available?

Mar 21, 2019
1855
Obtaining refund from the developer for project delay


11
Q: I booked an off-plan studio in R.E.P. DIP. The developer posts to me the contract to sign. I signed the contract and posted it back to their address.
The texture property In Dubai has been dealing and I transferred 10% to reserve the unit in June 2015. I have paid over 30% until the end of Dec 2016.
I stopped paying the rest of instalments because after viewing 0% construction report through DLD website and neither developer has provided me Oqood.
There is still no construction as per the DLD report for project number 1514. I am considering to get a refund.
The total price of the studio is AED 330000. 10% at the outset, 36 equal instalments during construction, 20% on handover and 18 equal instalments after the handover.
I have paid 10% and 18 equal instalments out of 36 during the construction as per contract. Total AED 109,973.94 paid: AED 109,973.00
What are the possibilities to get a refund from the developer? How much would it cost?



Apr 19, 2018
5730
Suing the developer for breaching the terms of SPA
1
Q: In June 2008, I bought an office in DSO, for AED 847.339. The completion date was December 2010. For 8 years, the developer dragged the construction for unknown reasons.
I, therefore, did try through RERA and the Notary Public, to get my money back for breach of contract but the developer refused to answer my request.
Today, 8 years later, the office is ready for the final handover. In between, I lost 8 years of rent (AED 360.000) and the opportunity to sell that office when the market was still high.
Last but not the least, the developer just informed me verbally that the office that was freehold is now leasehold despite what is stipulated in the signed SPA.
Today, I would like to know what are my legal options to get my money back or at least get some compensation.

Aug 7, 2018
1036
Claiming title deeds from the developer after fulfilling all obligations

0
Q: I bought two flats off-plan which were handed over in 2018. As a part of the handover, in December 2018 I paid for two title deeds.
To date, the developer has not delivered these, refuses to acknowledge my emails and does not answer the phone. What can I do?


Sep 9, 2019
739
The legality of changing the unit from a hotel apartment to a residential apartment
2
Q: I bought a hotel apartment on 25/11/2014. I received the apartment on 27/11/2018 with a delay of one year. Even though I decided to receive the unit on 12/2/2020.
I received an addendum to the sales agreement to change the unit from a hotel apartment to a residential apartment.
My questions:
A. What is the legal point of view? Does the unit value various between a hotel apartment and a residential apartment? And how much is the difference?
B: Meanwhile, I entered with them on 26/12/2018 to run the hotel apartment on 12/2/2020, they sent the addendum and stopped showing any income from that date till today.
I called them but they never reply so I called the auto service number and they told me that the rental pool scheme is stopped and is not working.
I asked them to hand the key to my representatives to rent the unit they refused. They said you have to sign the addendum and change the unit to residential. What should I do?

Oct 14, 2020
1181
Inability to handover an apartment to the buyer upon developer's delay. What to do?
2
Q: Dear sir/madam,
I signed MOU to sell my apartment without using the DLD portal. It is vacant on transfer. I was expecting to receive my apartment from the developer but, as usual, they are behind on delivery.
I decided not to sell the property as I have nowhere to go. I offered the buyer 90,000 AED compensation, but the buyer insisted on 10% which amounts to 380,000 AED. I received a 7-day notarized warning to pay 10% of the contract.
To my knowledge, DLD will not accept MOU without using their portal. Will the civil court accept this type of case? Can I fight the case based under force majeure, because I use an electric wheelchair to move around (people of determination), and the new apartment when ready is too small?
The notarized warning letter stated that I received a deposit check, but I did not receive it. I did not provide a deposit check either.
Your opinion is highly appreciated!

Aug 23, 2022
268
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
4831
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
3125
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
5126

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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
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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
516
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
509
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
1691
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