Questions & Answers
Questions & Answers
5 available 5 • View allSeeking compensation or cancellation for delay in property delivery


15
Q: I've purchased an off-plan property in Dubai which was due for handover in Dec 2017 but still incomplete (approx. 80%).
70% has been paid from a purchase price of 1.8 million. Am I entitled to compensation for the delay or can I cancel the purchase in its entirety?
Thanks



Jan 23, 2019
14829
Refund for delay in possession of apartment and compensation

1
Q: I bought an off-plan apartment in a tower in Dubai. 10+ years later, it still has not been finished and I have paid in full. Yet, they keep coming back to me and making changes and asking for more money.
The latest is about the size of my apartment. They are saying that it's bigger than what I agreed to and want me to pay more for the extra space.
In addition, they are asking for some electrical money, yet the apartment has not been finished. I feel they are asking for money that is not due. They send threatening emails for payment with no explanation.
As I have no knowledge about Dubai law and do not live in Dubai, I feel they would act differently if they had to speak to a knowledgeable person.


Oct 25, 2018
877
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
5768
إمكانية فسخ العقد بسبب الاختلاف بشأن سداد الدفعة النهائية من قيمة العقار
1
س: وصلني إيميل بوجود متأخرات من شهر ١١/٢٠٢٠ بسبب عدم سداد الدفعة النهائية البالغة ٨٠% من قيمة العقار؛ إذ الدفعة النهائية والمتفق عليها تكون عن طريق تمويل بنكي.
بعدما اتصلت قالوا أن العقد لا يشمل تمويل الشقة أو سداد المبلغ النهائي عن طريق البنك. (للعلم تم إرسال إيميل رسمي من قبلهم لاختيار طريقة سداد الدفع النهائية وتم الرد عليهم أنه سيتم التمويل عن طريق bank payments) ومعي بعض الإثباتات ومحادثات مع المسوول عن وحدتي أني لا أُسدد أي دفعة وأنتظر باقي الإجراءات وأنه سيتوفر وقت كافي للسداد والتمويل من البنك.
سؤالي:
في حال رفع دعوى قضائية، فهل هي مضمونة؟ أو في حال عدم الوصول إلى حل مرضٍ أو التنازل عن المتأخرات، فهل يمكن فسخ العقد؟ وهل تُرَدّ المبالغ؟
للعلم المشروع مُنجَز.
أعتذر من الإطالة!

May 4, 2021
198
فسخ العقد في حالة اختلاف المساحة الفعلية للعقار عن المساحة في العقد


2
س: اشتريت وحدتين عقاريتين من مطور عقاري في دبي وبعد الاستلام اتضح وجود فرق بين العقود والواقع في المساحات.
لا يريد المطور إرجاع الفرق ولكن يريد أن يجبرني على شراء وحدة أخرى بالمبلغ رغم أن المبلغ لا يكفي لشراء وحدة ولكن طلبوا مني دفع زيادة لتغطية قيمة الوحدة.
هل يحق لي فسخ العقد؟



Nov 3, 2021
1073
Laws & Regulations
4 available 4 • 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
4863
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
3141
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
5156
Federal 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
148541

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