Q: I bought an off-plan property. After completion, I found out that the property didn't correspond of what I have signed in the SPA. I withdrew from the contract. The legal consultant of the company claims that I'm not entitled to have back my 4% which I have paid to DLD. As I never became in possession of my property I am wondering if I can claim back my 4% which I have already paid due to the fact that the property under my name needs to be deregistered? Thanks in advance for your help. Best regards

Q: I invested in a Dubai property in 2007. It was completed in 2016. In my handover notice was included a size increase letter which says my property size has increased by 50% and I now need to pay an extra 463,000 AED. Under Executive Council Resolution No. (6) of 2010 Approving the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register: "Any area in excess of the net area of the sold Real Property Unit may not be taken into consideration. Unless otherwise agreed, the developer may not claim the value of such extra area." The developer is saying because I agreed to pay for any increase in my SPA which I signed in 2007 I have to pay for the increase. I am saying since the law came out in 2008 and decree 6 came in 2010 they would have to agree the increase with me again. Can you please advise.

Q: I purchased an off-plan property in Ajman back in May 2007. I was supposed to possess the property by the end of 2009. Till now, the tower has only two floors above the ground and it seems that the construction stopped at that level. I have paid almost 80% of the total value. I tried several times to reach the Developers, but they are not responding to my emails and phone calls. What can I do in this situation, and do I have any chances to take my money back? Thank you in advance.

Q: Hi There, I am about to buy a unit in JLT, Concorde Tower. The title deed indicates one space (not allocated). The allocation was only on a paper held by security. When I went to check the allocated space I realized it was very inconvenient and far. I requested the option to change but it was denied by the building management on the grounds that the spaces were assigned long time ago when the developer sold the units. No record of this. This allocated space is not even within the buildings own basement but next door on level 2 of DMCC land, as I understand. Do I have the right to claim a closer space? Even within DMCC, but closer? Thank you so much for your advice. Regards

Q: We are based in England, and we have invested in one of the projects called Lawns III at Jumeirah Village, Dubai in April 2009. We paid about AED 448335 to a company called DEC LLC, P.O. Box 333876, and came to know that the project did not even start. Now, we are chasing to get the refund with no answer from them and would like to know our right to get the refund in full with no delay. Could you also provide me with legal help in order to submit my case?

Q: First of all, I am new to Dubai and I was searching for a villa here. Sometime later I found something I was interested in. I've decided on a villa and many promises were made for it by the seller of the developer. The seller gave me a good price, a payment plan which suits my needs, included landscaping, 1-year free service charge and other charges regarding the inside of the villa. I was asking the seller for a confirmation in writing mentioned with all the promises that were made. He told me I will get it only after paying the reservation of 20% from the purchase price. Unfortunately, I believed him and paid the 20% + 4% DLD to the developer. After asking several times for the confirmation in writing, I still got nothing. We wrote at WhatsApp and I still have the voice memo's and history where we talked about everything. I have a memo of his voice promising me several times that everything will be realized and that I will get my confirmation in writing very soon like it was promised in the first place. I had to fly back to my home country due to work-related reasons that's why I wanted to take the reservation form with me to read and sign it at home, but I got interrupted by the seller. The seller insisted me to sign the form as soon as possible and came to my hotel lobby with the reservation form at 10 pm. I took an exhausted look at the reservation form and noticed some faults like a wrong payment plan, landscape and 1-year free service charge weren't mentioned either. He told me that this is just a temporary booking form and it's only about the reservation, just so that I won't lose the villa to someone else who is interested. He concluded by saying that all the changes that were promised will be written on the purchase contract. Nevertheless, I've made a copy of the booking form from the printer of the hotel. I've asked the seller several times if there is any hitch in the contract, he made an oath in God's name that my wishes regarding the villa will get done and that every thing has its validity. The next day when I was in my home country I took a closer look at the booking form. I ascertained that everything was wrong at the form: wrong price, wrong payment plan, and all my wished changes were not mentioned. In addition, the reservation price wasn't 20% like he told me. It was written at the reservation form that I had to pay 10% of the purchase price. Of course, I complained immediately. After around 1 week I got a call by the seller. He told me that he couldn't change the price since it was already the best, that he can't include the 1 year free service charge and he could not change the payment plan as arranged before. He told me he could only realize some few changes regarding the villa but not every thing that was agreed before. I am really disappointed and I claimed my money back. The only statement I got was that I can't get my money back, because it's not refundable through the booking form. I feel really messed around and I have never thought that this could happen to me here in a city like Dubai, especially by a big developer with a huge project like this. I feel desperate since it's a huge amount that I've paid. What can I do? I have as evidence all the WhatsApp memos and the history between me and the seller. I would appreciate a helpful response or a very good lawyer.

Q: We bought a property in a project from a developer at a premium price of AED 5.4 million. Handed over was in January 2019. We signed off the snagging as prima facie everything looked okay. Once the tenants moved in, the nightmare began. Not a day has gone by without a major issue surfacing. Recently the switchboard caught fire and could have led to a major fire harming the tenants. Anyway, I want to know how we can proceed to escalate the issues against the developer for not delivering as per the SPA by using cheap materials, cutting corners in fittings, structural flaws. I just want to make sure that the developer does not get away with shoddy work. They should not take any customer for granted or for a ride and have such a callous attitude. We don't want our fate befalling others. Appreciate the legal thoughts on the best approach to proceed with ensuring that the developer honours commitments and that proper quality check performed by the developer before handover. Thanks in advance.

Q: I was a victim of a du agent. They came to our shop and offered me 3 SIM cards. They took the SIM cards and they are the one who used that postpaid sim card. They said after 3 months it's automatically cancelled, but I came to know each sim card has a one year contract. My bill became 1300 something, then I told them I don't need these SIM cards. Then, when I cancelled, my bill became AED 4900. Every month I'm paying 200, and now my balance is 3400. Every time they are sending messages that they will file a case against me. Yesterday, I got a message from Tasheel that they forwarded a legal action. They said they put a travel ban on me. Is it possible? Please reply. Thanks

Q: Can a developer change the layout of the building as shown at the launch event and part of all brochures/online advertisements/model under the pretext that the same is not included in the SPA? For the launch, we got convinced with the building design and layout but at delivery, it’s changed without prior intimation. Can I make a legal case or can they take the guise that it’s not part of the SPA? Can I get a refund for the 30% advance payment and refuse possession of the unit?

Q: Filing a case against the developer for compensation due to misleading information, delaying the completion and handover. I would like to see what are my chances to get compensation for all the misleading acts that the developer has done so far and also delaying the project. Thank you.

Q: Hello, I made an EOI payment for one project with a developer in Dubai. In the agreement, it says if the seller is able to allocate the unit similar to the buyer’s requirements, in this case, it’s not refundable. However, I am not happy with the unit and it doesn’t meet my requirements. For example, the view of the unit and the fact that it is on the last floor, the last floor doesn’t work for me although I requested a high floor. And the unit has a city view although I requested a garden/park view in the EOI. At this point, I canceled the purchase and asked for a refund to which I got a response that according to the terms and conditions of the EOI, it is not refundable which is not correct. My requirements for the unit do not match the unit they allocated. What are my rights? Please advise. Thank you.

Q: Hello, I bought a villa from a real estate developer and signed the SPA about 1.5 months ago. I just received my Oqood certificate, but it lists the unit type as “Land” instead of a villa. The plot number, municipality details, and area all match what’s in my SPA, but there is no unit number in the Oqood. Is this normal, or should I follow up? Thank you!

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.