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?

Q: I am an investor in 3 properties here in Dubai at some project. I would like to know what arrangements have they made to do the refund of the cancelled projects. I am in the UAE for a week. Kindly help me to know the updates.

Q: I have signed SPA with a developer named [------] to purchase units in their 2 projects [------] in [------] Ajman during 2008. The project has not been completed yet or even started after more than 10 years. I need your advice on how I can get a refund of my amount which I paid according to latest regulations of ARRA. The amount is almost 20% of the original price.

Q: Hi, Can anyone please give me legal advice? Till now, there is no legal documents/agreement is made for the purchase of the unit. I had a meeting with the finance manager, he agreed to refund my money after 1 month. I booked one off-Plan property with a developer in Dubai. I made initial payment AED 40,000. Because of certain reasons, I want to cancel this unit. He gave a cancellation letter, mentioning the refund amount 40,000 on the letter as well. Now, they refused to refund the amount by saying that your money is with RERA govt. department and they declined our request for refund. Kindly advise what legal options I have and what could be taken? Thanks

Q: I purchased a villa in 2014 based on 35% during delivery and 65% after handover. I paid all the 35% on time. The anticipated completion date was 31 Jan 2017, until now the project is not completed. As per the SPA, “if the Purchaser has fulfilled all its obligations in terms of this agreement including, but not limited to, payment of the Purchase Price in full to the Seller, and the Seller is unable to give possession of the property with 12 months of the Anticipated Completion Date, as it may be extended pursuant to the provisions of this agreement, the Purchaser may on the giving of 30 days’ prior written notice to the Seller, terminate this Agreement. Upon termination, the Seller shall refund all amounts paid by the Purchaser to the Seller on account of the Purchase Price. Upon termination of this Agreement, it shall become null and void and the Purchaser shall have no further claim against the Seller for any damages, compensation, cost of interest."

Q: I purchased a property under construction from a developer by paying 10% down payment amount and the remaining 90% to be paid after handover. As per the SPA, the date of completion is December 2018. But the property is still under construction and will be ready by Dec. 2020. Can I get my 10% money back and what is the procedure? Shall I send them a notice or go directly to RERA?

Q: Does Dubai law have any regulation concerning the off-plan delay for one year? Can I cancel the contract?

Q: I signed an MOU for purchasing a property from the seller. It has now been close to two months, with no progress. The tenant at the seller's property is not allowing time for valuation purposes. And now the seller is saying it's not his problem and is not willing to pay the 10% agreed as per the MOU. There's a specific clause in the MOU as below: "In the event that the 'seller' fails to complete the transfer on the agreed date due to his own act or omissions, then the full deposit will be refunded to the buyer, and also the 'seller' agrees to pay the same deposit amount to the buyer as a compensation for the loss of the said property unless they agreed amicably to different terms or dates."

Q: Dear sir/madam, In January 2017, I purchased a property from a developer. The original booking was for a unit in (.......). After initial payments, I was informed that the unit was double-sold (under dispute) and the previous owner was not willing to sign a release NoC. A swap unit was offered in (.......) - due to be delivered in a few months. Due to construction issues, even 2 years later was not ready for delivery. After escalation, a unit in (.......) was offered as a second swap. All payments were completed on time for each of the units. Almost 3 years of following up passed now since making the final payments in April/May of 2019. I was not informed that the unit is under group mortgage and Title Deed can not be issued until the mortgage is cleared. Always promises that the unit is on priority for clearance. What is the possibility of getting a full refund of all amounts paid under "breach of contract" or any other applicable grounds? I would also like to know a cost estimate for any legal proceedings.

مواكبةً للتطورات المتسارعة لعصرنا الحديث، أظهرت القيادة الرشيدة لدولة الإمارات العربية المتحدة مرونتها التشريعية، وقدرتها الفائقة على مسايرة مستحدثات عصر السرعة والعولمة، من خلال إصدار قانون التحكيم الاتحادي، وهو القانون الاتحادي رقم (6) لسنة 2018 الصادر بتاريخ 3/5/2018، والذي قامت فيه بتنظيم التحكيم، هذه الوسيلة الخطيرة لفض المنازعات من خلال (61) مادة قانونية تجمع بين المرونة والانضباط التشريعي.

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.

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.

This Resolution approves the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.