Questions & Answers
Questions & Answers
7 available 7 • View allObtaining refund from the developer for project delay


11
Q: I booked an off-plan studio in R.E.P. DIP. The developer posts to me the contract to sign. I signed the contract and posted it back to their address.
The texture property In Dubai has been dealing and I transferred 10% to reserve the unit in June 2015. I have paid over 30% until the end of Dec 2016.
I stopped paying the rest of instalments because after viewing 0% construction report through DLD website and neither developer has provided me Oqood.
There is still no construction as per the DLD report for project number 1514. I am considering to get a refund.
The total price of the studio is AED 330000. 10% at the outset, 36 equal instalments during construction, 20% on handover and 18 equal instalments after the handover.
I have paid 10% and 18 equal instalments out of 36 during the construction as per contract. Total AED 109,973.94 paid: AED 109,973.00
What are the possibilities to get a refund from the developer? How much would it cost?



Apr 19, 2018
5729
Refund of money paid for realty in Ajman
3
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.

May 24, 2016
2032
Default in fulfilling obligations under off-plan property purchase
1
Q: I bought an off-plan property In Abu Dhabi and have paid some percentage as part of the flexible payment program for the down payment.
However, no sale and purchase agreement has been provided to be signed by both parties.
Construction did not commence and recently, the entire project has been moved to another developer.
I have been contacted by the new developer and was told the project construction start date is indefinite.
Based on this, can I get a refund as I only have the reservation agreement and no contract has been signed, plus the project has not started which will definitely not be completed in time (even with a six months delay allowance)?

Jul 17, 2018
1117
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
514
How to terminate the SPA of a property and claim refund for delay in hanover


0
Q: I entered into a SPA with some developers back in 2017 and paid 30% for a 2BR in a project. It was originally supposed to be delivered in Q2'18.
I want to get out of the agreement and ideally get my deposit refunded, what are my options, and how much legal cost we are talking about?
Thanks
J.



Mar 25, 2021
460
How to claim compensation from a developer for delay in handover




1
Q: Greetings,
The property was supposed to be delivered in June 2018 and is still not delivered. If they actually deliver by June 2021, what are my rights to the compensation?
At the time of purchase, it was a 50-50 payment plan. I paid the 50% at the time of purchase and in September 2019 they came back to me with an offer of a discount of 16% in the final settlement amount.
I accepted and paid the remaining amount as well. Therefore as of September 2019, I have paid 100% of the property value.
With all the financial challenges the delay has brought me into, I want to know what compensation is my right as I am assuming they will not be offering anything or if they do they might offer some waiver in service charges (for 1 or 2 years).
And I am worried if they give this waiver of service charges to everyone, will the property be actually taken care of or no?





Apr 11, 2021
1285
Delayed property delivery: Can I sue the developer and get my money back?
2
Q: Dear Sir/Madam,
I have fully paid for and registered a property from a developer. There are no dues on my part. My wife and I own the property, which was registered in 2019.
The property was supposed to be delivered in 2020, but the builder has not provided any official information and has only mentioned delays due to COVID-19 verbally.
The property has not been handed over to us yet, and their office has not responded to our inquiries clearly. They always say that the property will be handed over in one or two months.
My contract includes a late payment penalty and a rental guarantee for two years after the handover. How can I file a legal remedy?

Aug 4, 2023
111
Laws & Regulations
2 available 2 • View allFederal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
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.
Dec 15, 1985
148412
Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code 42
The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.
Feb 24, 1992
75325

Other answers by
8 8 answers •
View allCancellation of an off-plan property while an SPA is not signed and the project is completed 0
I booked an off-payment plan in 2016 for a residential project in Dubai.
As per the booking form, the expected completion date of the project was Dec 2017. The project was completed recently in Feb 2021.
I paid 30%in installments and the remaining, 70%, is due for payment now at the time of handover.
I only signed the booking form in 2016. Neither developer initiated the reservation agreement and SPA nor I approached the developer till 2019.
I did not approach because I was not aware of any such documents. Due to significant project delays, I applied in Jan 2020 for a request of refund.
Afterward, I continuously followed up for the whole year. Now, they sent me the final notice that the project is completed and if I do not pay the remaining amount within a month, then my unit will be canceled.
I would like to ask:
Based on the above facts, what are my legal rights to claim a refund or compensation as I don’t sign the SPA and I already paid 30% of the amount to the developer?
Apr 18, 2021
1721
Non-competition clause and dues upon resigning for holding salaries 0
Dear Nadine,
I have recently resigned from my company based in Dubai due to non-payment of my salary for the last three months (Apr/May & Jun 2019).
I resigned on 11th June 2019 and served my notice period till 30th June 2019. My company requested to serve 30 days’ notice period which I refused to serve DUE to non-payment of salary.
Finally, I requested them to cancel my visa which is under process and soon it will get cancelled hopefully by this weekend. I have also requested them to pay my dues/others which include:
1) Salary for three months
2) 6 years gratuity
3) ALL of 10 days
As per my employment contract, an employee may not take up any employment directly or indirectly through a subcontractor with the client of the existing employer for a period of one year after the last day of the service period.
Under the above scenario, can I join my ex-employer – client directly or indirectly through a subcontractor?
Please advise.
Regards,
S. H.
Jul 2, 2019
551
Withdrawing a labor case to cancel a work visa 0
How to withdraw a labour case from the labour court?
What is the procedure to cancel the work visa? (the company is not ready to cancel my visa due to the labour case).
Jun 22, 2019
5775
كيفية التصرف عند إنهاء علاقة العمل عبر مكالمة هاتفية 0
مرحبًا،
في 17 يونيو عند الساعة الواحدة ظهرًا، تلقيت مكالمة هاتفية على رقمي الشخصي من ابن صاحب الشركة التي أعمل بها كمدير تنفيذي منذ 2009 ليخبرني أنه بسبب الوضع المالي السيء للشركة، فقد قررنا الاستغناء عن خدماتك.
وحتى هذه الساعة لم أستلم أي إخطار كتابي، ومازلت أمارس عملي كالمعتاد.
أرجو إفادتي بالمتوجب عمله حتى أحمي حقوقي المالية!
Jun 26, 2019
318
Immediate resignation without notice and its repercussions in the UAE 0
Good day,
In my situation, I've completed 6 years of counting including my joining date. My visa will expire in August but now I want to resign immediately/same day.
Can you advise me what I am going to do?
Thanks a lot.
Jun 23, 2019
5881
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