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

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: I have bought three apartments in a project and the delivery date was in 2018. I have paid 100% and nothing is pending. The builders informed me that the delivery will be in July 2019 but now they are saying the end of Dec for one apartment and the rest in 2020. If I want to withdraw and cancel the contract, can I get the complete refund and will I receive the interest too?

Q: I had invested in an off-plan property with a developer paying 30%. A year back, they offered me some discount to pay the balance (70%) in advance of handover mentioning it will be in May 2018, which I foolishly enough did. The official handover date was March 2018. So it is delayed by more than a year grace period and I have not been notified in any way about any delays. They are no longer responding to emails. The project shows completion of 82.18% at the land department website, but going by construction on-site, looks like it will take another 6-9 months, if not more. Questions: - Can I claim a full refund for money paid with interest? - How much time does the legal process take because I have been told by some friends that the developer can drag the case for years? - Any other option that I have as an investor to deal with a powerful builder? Appreciate any advice that you can offer. Happy to share the documents for review.

Q: I have a case whereas the developer is almost 3 years late with the handover. The last status of project completion is 93.51% as of Feb 2019. It is uncertain when the developer will be able to handover, and it is possible that this may happen during the litigation. The Reservation Agreement refers to the exclusive jurisdiction of Dubai Courts whereas the SPA refers to the laws of the UAE and of Dubai being the governing law but is silent about the forum for dispute resolution. I presume that Dubai Courts would have the jurisdiction. I am concerned that the court may refuse the annulment, in particular, if the developer will become ready to handover before the judgement. Can I ask the court for annulment as the main position and for compensation for breach of contract as the alternative one, in case the court does not support the annulment? Is it a good practice in Dubai to include two positions in one claim? Thank you

س: اشتريت شقة فندقية على الخارطة لتتم إدارتها عبر المطور لاحقًا عند الانتهاء. المفروض إنجاز المشروع بنهاية ٢٠١٩، ولكن لغاية الآن لم يتم الإنجاز (آخر نسبة إنجاز رسمية حوالي ٦٥٪ نهاية ٢٠٢٠). هل يمكن فسخ العقد واسترداد المبلغ المدفوع من طرفي والذي يمثل ٢٠٪ من قيمة العقار؟

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.

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.