Questions & Answers
Questions & Answers
3 available 3 • View allRescinding 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
4461
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
5764
Obligations of developer toward the contracts and area of purchased units
1
Q: I have an issue with a real estate developer. In July 2018 I purchased 2 units, a studio and a 1 bedroom. The 2 instalments for both units have been paid to the developer's account and NOT escrow account.
Since signing the reservation forms, I was following up to receive the contract attested by Dubai Land Department. No one until now provided me with the contracts although I am following up for 6 months now.
I also mentioned that there is a problem with the area of the 1-bedroom unit and they said it was already corrected verbally.
No one from the Customer Service sent me a proof that the payment was wired to the escrow account for both units.
To resolve the problem, I asked for a replacement of the 1-bedroom within the same budget which I purchased in the first place with bigger area in high floor, good view, with the escrow account.
I asked them also to send me contracts within 2 weeks from my notice before raising the issue to legal parties.
Please let me know if the action was right and what I should do next.
Jan 29, 2019
502
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
4851
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
5151

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