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: 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?

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.

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

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

Q: I have purchased a studio unit from a developer in Oct 2015. To date, I have made 8 payments (total: AED 305.000) plus Oqood (30.000). The developer destroyed my SPA without my knowledge (the excuse was that I didn't collect it but I have requested it on multiple occasions). Currently, the project has been delayed for nearly 2 years. Initially, the handover was Q2, 2018 and now it's expected Q4, 2020 (not sure if that's possible as currently, it's only at 70.56 complete). Can I cancel my contract and get my money back since I have no contract in place? They are keen to set up a new contract and get me to sign one.

Q: Seeking cancellation for the delaying property delivery, as developers are not being reasonable. I purchased an off-plan property in Dubai which was due for handover in June 2018 but still incomplete as of May 2020 (approx. 58%). 80% has been paid from a purchase price of 1.97 million, plus 4% DLD fees. After pleading with developers for assistance, I recently got offered 2 x 999,999 AED, properties from the Developer (not ready till first quarter 2021 apparently), plus DLD fees as they would be classed as new sales. I wish to cancel the purchase. Do I get additional rights for a 2-year delay and being under 60% completion? Can I use force majeure (I'm on 75% wage reduction till September due to COVID-19)? Has a law come into play to have additional compensation whilst renting during the delay? (I was advised on June 2019 by the SLC that there were discussions at DLD but nothing official). Can you claim the 4% DLD fees back? Thanks in advance

Q: I bought a studio. According to the SPA, the unit must have been handed in December 2019. As I understand, developers in the UAE have 1 year grace period so, technically speaking, the project must be completed in December 2020. However, according to the project tracking website, the likely completion date is Q1 2021. When I enquired about this, they are reluctant to comment on it. As a foreign investor, what are my rights in this situation? The project is only 47% complete thus far. Thanks!

Q: I've signed a booking form only back in September 2016 for an off-plan project. As per the booking form, the expected completion date was Dec 2017. I paid until mid of 2017 30% of the value of the property, as 70% was set to be after the handover. The project is now recently completed in 2021. I have not signed any SPA and reservation agreements for the residential apartment. They did not give me reservation and SPA until the end of 2019. I requested a refund of my 30% payment back in Jan 2020 due to significant delays. Now, the handover started and I don't want to pay the final handover instalment. I would like to ask if I can claim a refund and compensation based on the facts above.

عرف قانون المعاملات المدنية الإمارات في المادة 872 منه عقد المقاولة بأنه العقد الذي يتعهد فيه أحد طرفيه بأن يصنع شيئاً أو يؤدي عملاً لقاء بدل يتعهد به الطرف الآخر. وينقضي عقد المقاولة إما بانقضاء العمل المتفق عليه أو بالفسخ، وفي الحالة الأخيرة، يتم التعويض على الطرف المتضرر من الفسخ كما هم معمول به قانوناً وعرفاً.

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.