Questions & Answers
Questions & Answers
9 available 9 • View allRefund 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
806
Seeking 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
14769
Refund of an off-plan property payments for delay in delivery 
1
Q: Salam,
Hope you are very well.
I am writing this email to understand the current law for off-plan properties in Dubai.
I started an agreement with a developer in Dubai in 2016 4th quarter. The developer promised to deliver the project by June 2019. Currently, the project is only 23% completed.
When I saw the project is being delayed, my payments were delayed too I paid around 40% of the unit price. Now I received an email/letter from the developer on the final Legal Notice, or they would cancel my unit.
Does the developer have such rights even though its a big delay from there end?
If they cancel my unit, what % of my total paid money will I be refunded from them?
I would appreciate your detailed and kind response in this matter, please.
Thanks

Apr 3, 2019
1711
The right action for delay in a purchased property handover


0
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?



Aug 26, 2019
673
Claiming refund from property developer for delay in handover


3
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.



Dec 17, 2019
706
رسوم المحكمة في حالة رفع دعوى ضد مقاول لإخلاله بالالتزامات

2
س: السلام عليكم ورحمة الله وبركاته،
لدي استفسار يتعلق بعدم إنهاء المقاول للعمل بعد حصوله على جميع الأموال باعتراف من الاستشاري ولدي ما يثبت أن المقاول يتعذَّر بعدم وجود سيولة له.
هل أرفع عليه قضية؟ ومن يتحمَّل تكاليف المحكمة والمحاماة؟
علمًا بأنه مر على ذلك أكثر من ٣ سنوات وقد كانت مدة العقد سنة وشهرين.
أفيدوني رجاءً!


Jan 18, 2021
1381
What to do in case of property delay in handover and how to claim refund?

0
Q: Dear Lawyers,
I have invested in two properties with a developer back in 2018 and paid an amount of AED 535,000 in total.
The handover was due in Q1 2020. Until now the progress is showing 17% only on the DLD website which indicates they might not be able to deliver anytime soon.
How can I get a total refund of my paid money and what are the legal steps that I should follow with the developer in terms of the notice period and everything?


Feb 18, 2021
287
Can you claim compensation from the developer for delay in handover?

0
Q: Dear
I have paid 100% of my property payments and it was confirmed by the developer that they will hand over the apartment in the month of April 2021 but still, they haven't handed the apartment over.
When I called them today, they told me it will take another one more month but they are not giving a tentative date. Now we are paying the mortgage loan and monthly rental payment.
I am now getting struggle for paying both the loan and monthly rental. Can I claim compensation if the developer delay further?


May 30, 2021
445
Can you sue the developer after failing to hand over property beyond grace period?

0
Q: Dear, good day,
The developer failed to hand over the project by Mar 2020 as per the SPA. Installments were paid on time, he is in dispute with his construction contractor.
He wanted to change him since there was a fire at the construction site, however, the authorities granted permission to resume construction after the investigation is finished last year.
The developer still to this date failing to terminate the defaulted old contractor and appoint a new construction contractor which is causing a delay.
I have requested termination of SPA and claimed a refund but was declined. The project construction is still around 30% since more than 15 months where it should be 100% back in Mar-2020.
There is a clause in SPA to grant 1 year and 90 days (remedy period), I have sent a written notice to claim a refund as per the contractual clause and time frame.
Could you please advise what are the steps and chances to push the developer to refund full amounts? Should I start with RERA first?
Thanks in advance.


Jun 20, 2021
765
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
4823
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
3113
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
5121

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