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Delayed property projects and the right to exit the SPA
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?
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Mar 21, 2019
Terminating contract and claiming refund for project delay
Q: Hi, I had purchased an off-plan property from a developer in 2017. The completion date mentioned in the contract is February 2018. I have already paid 60% of the sale amount. The percentage completion for the project on the Dubai Land Department says 98% since the last one year. Can I get the contract cancelled and get my money back? Regards O.
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Jun 16, 2019
Refund of advance deposit from developer for project delay
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.
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Mar 27, 2019
Claiming refund from developer for delay in the delivery of property
Q: I bought a unit in a project on 10th Oct 17, I paid so far 30% plus DLD. The unit should have been delivered Jun 19, yet it will be delayed more than a year. Is there any legal way to cancel and receive my money back?
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Oct 1, 2019
The right action for delay in a purchased property handover
Q: I purchased property in Dubai and still, they haven’t delivered and keep saying it’s not complete yet I see advertisements for same property saying ready for handover. What shall I do?
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Aug 26, 2019
Payment recovery for delay in the delivery of purchased property
Q: Hi, I need to hire a property lawyer. I have purchased a property that is still under construction. The handover was supposed to be May 2018 and it has been delayed for over 18 months. Can you please advise what is the average fee to the lawyer and any upcoming fees? I would like to either receive compensation for the delay or terminate the SPA and receive what I have paid. Thanks
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Nov 10, 2019
Law provisions regarding the delay in property handover
Q: If anyone can please assist, I heard about a commercial/construction law that if a developer is late by 1 year from date of handover agreed in the contract, then the purchaser has the right to terminate the contract and be refunded for any payments paid to the developer. Does anyone know what is the clause of this regulation? Many thanks
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Nov 19, 2019
Laws & Regulations
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Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai
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
Law No. (9) of 2009 Amending Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai
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
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
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
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Brett Michael Westernoff
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Labour rights for terminating a limited contract by the employer
Dear Sir, My company made my position redundant due to the Coronavirus effect. I am under a limited contract. With the end of service, they gave me one month notice period. Is it right or it should be 3 months? Please clarify
Apr 12, 2020
Sudhanshu Singh
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Can a company change the holidays of the UAE for expat employees to their country's holidays?
Hello team, I have a Chinese team in a Dubai-based company, they are working in Dubai itself. Can we exempt them from Dubai national holidays and provide holidays related to China national holidays? Can you please suggest something?
Jan 4, 2023
What should you do when you get a police call without knowing the reason?
I got a call from police yesterday said I should come today to give a statement they didn’t tell me what it’s about. I’m freaking out, all I know is I owe Etisalat. Apart from that, I don’t have any issues here. Can you help?
Feb 13, 2021
Partner's liability while other partners are outside the country
My wife is a partner in a civil company in Dubai. The company has 4 partners; 3 of them are out of the country. The company bought things for AED 50k which was not paid back and now they filed a case. What will be the liability for my wife? she is not the manager of the company. What will be my wife's liability for that company?
Feb 4, 2021
Trade license and banking legality for any kind of trading activity
Hi Sudhanshu, Hope you are well. What are my rights for establishing an e-com business meant for trading outside the UAE. 1) Do I still need the UAE trade license? 2) Can I receive payments in the UAE banks through international online business since I live in the UAE and would be here for some more time? Best regards, A.
May 19, 2020
Filing criminal and civil cases against a company for cheque bounce
Hello, I hope you're all doing well during this tough time. I have a question in regards to bounced cheques, specifically corporate cheques. I have a cheque for AED 800,000, and it has bounced. The owner of the corporate has asked for a month to pay back. However, I am worried he will leave the country and not honour his obligation. My questions are fairly simple: 1) Am I to put a case on the individual who signed it or the corporate? 1) If I put a criminal and civil case on the corporate right now and he's unable to settle amicably, can I put a travel ban on the owner (who signed) as it is a corporate case? 2) Does the new insolvency law as of late 2019 also apply to corporates? 3) Is the owner personally liable if the company doesn't have assets or cash?
May 14, 2020
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