Questions & Answers
Questions & Answers
8 available 8 • View allCancellation of project and reimbursement from the developer

6
Q: I bought an off-plan property & paid 100 % amount, also paid 4 % Oqood by June 2011.
Now, I learnt through DLD that the property is cancelled as the builder could complete half construction & now it shall go for liquidation.
I am stressed whether I will get the full invested amount after liquidation or just minimal. What do the laws say?


Dec 16, 2018
2363
Filing complaint before RERA for property deceit by the broker

6
Q: 5 years back, I paid a real estate broker an amount of AED 797,420 in cash towards booking amount for 3 units in an under construction building in Dubai Marina.
He has cheated me by giving me bogus stamped registration forms from the developer and has never paid the money to them. The developer has no record of me in their system.
I have tried to speak numerous times with the broker but he insists that the documents are all true and the money has been paid to the escrow account, but the developer has verbally confirmed otherwise.
Since the forms are all bogus, the developer is refusing to communicate with me officially. I need legal assistance to get information from the developer as they are the only ones who can prove that these forms are bogus.
Do let me know future course of action and fees applicable as well.
Best Regards,


Jul 5, 2018
8583
Rescinding a property reservation agreement and getting refund

3
Q: I have purchased a property in Dubai in Dec 2017 by putting a 30% deposit of the purchase price to the Developers account and received the reservation form and receipts only.
However, I still do not have the SPA or OQOOD as of Aug 2018. The developer has been saying the SPA templates have been getting delayed at DLD.
Per the reservation form, I have an upcoming payment in Sep 2018, however, I do not want to pay this as I still don't have the SPA or Oqood which is my legal document and there is no escrow account per DLD website.
What is my legal position here and how can I get this resolved or can I get refunded given there is no contract as yet?
Please guide


Sep 20, 2018
4404
Objecting to a cancellation letter from DLD and claiming refund




1
Q: Hi,
I have booked a studio with a developer. I have paid around 195000 AED. It was mentioned in their marketing details and pre-development that the project will be ready by MAY 2019. The project is still not completed, and only 50% has been done as per DLD.
The developer has always been asking for money, but how can we trust them when progress has been slow!
Today, I received a letter from DLD on cancellation.
Now how can I proceed to object and get the paid amount?
I was reading somewhere that if a project is below 60% progress, we can get a refund?
Please guide!
Thanks





Mar 7, 2020
963
Action against the developer for violating the rules of escrow account



2
Q: Hi,
What action do I take if a developer has accepted cheques from me (towards my 30% off-plan payment plan) that were made payable to the company (and not payable to the specific escrow account for the developer's project I am buying from)?
Is this illegal and voids my SPA contract with the developer?
Thanks for your advice.




Apr 20, 2020
1705
Escrow cheque recovery when the contracts are not signed
0
Q: There was an MOU which was entered between the buyer (we) and seller on 17 February 2020. Due to less valuation by the bank, the contract was revised and the initial agreement was cancelled.
The new agreement was made on 11 March 2020 and it was again cancelled due to error by the agent in the agreement as he had written a wrong size of the apartment.
So the third contract was made but it was not signed due to the global pandemic situation and the selling price mentioned was higher than the agreed price and it was also signed by the seller.
There was no contract thereafter as all the initial contracts were cancelled and as we have given escrow cheque to the agent, they are asking for hefty fees to be paid and then they will release the escrow cheque.
So can you please advise in the given case?

Jun 28, 2020
548
استرجاع المبلغ المدفوع لمكتب بغرض شراء عقار بسبب إلغاء الحجز


1
Q: قام مكتب تمثيل لشركة أجنبية ببيع عقار خارج الدولة وقام المكتب بإبرام استمارة الحجز واستلم شيك بنكي مني.
تقدمت بإلغاء الحجز اليوم التالي فرفض المكتب إعادة المبلغ المدفوع.
مع العلم بأن المكتب غير مُسجَّل لدى دائرة الأراضي والأملاك ونشاطه بالرخصة مكتب تمثيلي.
كيف أتمكن من استرجاع المبلغ المدفوع؟



Jul 8, 2021
379
I booked an apartment and did not get any contract. How to get money paid to real estate agent?



4
Q: I paid an AED 8190 booking fee in February, but the agent then failed to provide the apartment or even a contract which was to be signed on the 15th of March.
As per our agreement, I requested a refund. We had a back-and-forth, and then they gave me a cheque for the amount to be cashed on the 28th of March.
On the 27th, they messaged me to say not to cash the cheque. I feel I am being scammed. What do I do?




Mar 28, 2023
367
Laws & Regulations
4 available 4 • View allFederal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.
Dec 15, 1985
148367
Law 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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Hello,
I’m looking to enter into a "finders fee" agreement to help introduce a US fund to potential investors in this region.
I am not a licensed securities dealer would not be acting as such.
I’d like to speak to a lawyer about key legal considerations and drafting of such a contract.
Thanks
Mar 10, 2019
1569
Labour case by the employee after the payment of entitlements 0
One of our staff was on an Unlimited Contract. We gave him a 30 days' notice stating that we won't be renewing his contract.
We paid him in cash his EOSB - 21 days for each year + Leave Salary (not basic, but full salary) + Ticket Money in Cash.
He signed and it's mentioned in the company letter all full and final settlement received with no outstanding.
Now, this employee has filed a complaint at the Labor Department and denied receiving any cash. I have raised this complaint to Dubai Courts.
What are our chances of winning?
Unfortunately, my accountant didn't take his signature on the Receipt Voucher.
Kind regards,
Mark
Feb 25, 2019
732
Claiming unpaid salaries from the employer after resignation 0
Hi there,
Please help, I didn't receive my salary for the last 2 months. After that, I resigned and the company is not paying my money.
Mar 8, 2019
969
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