Questions & Answers
Questions & Answers
9 available 9 • View allRefund from the developer

5
Q: REFUND FROM UNPROFESSIONAL DEVELOPER, NO CONTRACT, NO OQOOD, NO PROGRESS
We purchased properties with Royal Estates in DIP - we have paid approximately 25% of the final value already, however they have broken the law on at least 2 issues, as they haven't given us a contract within 15 days of our reservation form plus there is no Oqood. There is no work on the site also.
The developer is constantly making excuses for past two years and is most unprofessional and unhelpful - they are unlawfully keeping our money. The reservation form is null and void as we purchased in 2015.
Is there a way we can get a straightforward refund from the Escrow account that DLD holds? There's no point for a court case as there's no challenge with the developer - anyone can see they have breached law, and I'm sure Dubai want to keep a good reputation to foreign investors without making things legally expensive and messy.
Your advice on the law for this simple situation is appreciated,
Thank you


Oct 1, 2017
3115
Refund of a deposit paid by the underage buyer of real estate property
1
Q: I put a deposit down on two "off-plan" properties. I paid a deposit on both and received a reservation document signed and stamped by the developer.
However, at the time of the deposit, I was under the age of 21 which is the minimum age to purchase property in Dubai. Lastly once the deposit was made I never received an SPA or NOC. Have now been sent a notice by Dubai Land Department on the request of the developers for Property Termination procedure. The request was canceled.
I am now trying to figure out how to get my deposit back as I believe since I was underage and no formal contract was presented or signed, the agreement is void.

Jul 31, 2017
687
Refund of advance deposited while purchasing property in Dubai
2
Q: Hi,
I have put 5% deposit on a property in Dubai and I have also paid 2% DLD fees + OQOOD. I have more payments starting in 2 weeks but I can't afford to continue with the purchase.
Am I entitled to any money back?

Jul 26, 2017
3401
How to act to defend your case upon receiving a legal notice
1
Q: I have received the following legal notice via email and have no idea what to do:
نود اعلامكم ببيانات الجلسة المنعقدة بتاريخ [hidden] في القضية رقم [hidden] تجاري جزئي
الحيثيات :
الحاضره عن المدعي قدمت اعلان بالنشر
نص القرار :
لجلسة 30-10-2017 لاعادة الاعلان بالنشر
I understand that someone has opened a case against me.
I own a property in Dubai (I have a Title Deed) and I am still trying to get the keys, but the developer is refusing to hand the keys, asking for extra money. I suppose he is the one who opened this case.
I am also not living in Dubai and would simply like to know, what to do in order to protect myself and take some action before it is too late.
Best Regards!

Oct 18, 2017
1248
Exiting a property purchase and seeking refund from the developer
0
Q: A client has entered into a contract for purchasing a property in instalments.
The company had refused to give him a contract to sign, refused to assign him a representative and in turn, he has defaulted on at least one instalment.
He wants to exit the contract but the company would not refund his deposit. What are his rights?

Oct 9, 2017
2040
The right action for delaying the delivery of a purchased property
0
Q: I have invested in a villa and it's been 19 months that my villa is still not ready and I haven't got the possession or either copy of the contract which I have signed with them.
How can you help in this regard?

Nov 26, 2018
572
Forcing the developer to issue the contracts of a purchased property
1
Q: Hello,
I have purchased a property in Dubai in May 2019 by putting a 25% deposit of the purchase price to the developer's escrow account and received the reservation form and payment receipts only.
However, I still do not have the SPA or OQOOD till now. The developer has been saying the SPA templates have been getting delayed.
As per the reservation form, I have an upcoming payment in Nov 2019. How I can validate that I have a legal reservation for the apartment and there is nothing to worry about?
What is my legal position here as I don't have any legal papers except the reservation contract which is only stamped from the developer but no OQOOD reference code/id/number or stamp on it?
Thank you

Aug 26, 2019
734
Consequences of canceling a contract by a client after property completion



0
Q: I have paid 20% of a commercial property value which has been completed. I am unable to arrange for the remaining amount and want to cancel the contract.
Can the builder legally demand 20% more to forfeit a total of 40% before the cancellation?
Can the builder put a criminal case for the non-payment of a bank loan?
What are my options?




Mar 12, 2020
511
Legal steps of terminating a property SPA and getting refund for delay


1
Q: In brief, I am based in Muscat, Oman and I have invested in an apartment in an off-plan project in Dubai back in August 2015. I was introduced to the project by a Broker which is a sister company to the Developer.
I have adhered to the clauses in the reservation form we mutually signed and paid almost AED 200,000 in total. The handover of the unit was supposed to be in June 2018.
Unfortunately, the construction hasn’t commenced until today and the developer refused to refund me, claiming that the project will be completed, which until today shows a 0% completion on Dubai Land Department's official website and Mobile app.
I have submitted an official complaint to Dubai Land Department back in October 2019 requesting assistance in obtaining a full refund.
I have managed to get a Statement of Deposits dated September 2020 from the bank where the escrow account is, showing the amount I have transferred.



Nov 23, 2020
466
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
4814
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
3110
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
5113

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