Questions & Answers
Questions & Answers
5 available 5 • View allDelayed property projects and the right to exit the SPA
3
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?

Mar 21, 2019
1851
Claiming refund from developer for delay in the delivery of property


2
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?



Oct 1, 2019
1593
Claiming refund of down payment for delay in property handover

0
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?


Sep 9, 2019
526
Acting against delay of delivery for a purchased property


3
Q: Hi,
My house was supposed to be delivered on 30 Dec 2018 but it's more than 1 year of delay and still, there is no communication on when it will be delivered.
I have paid 30% of my house value in October 2018 + 2% DLD and rest 70% is on delivery as per the agreed payment plan.
We are speaking to the builder to get a better picture of the delivery progress of our house but they say they yet don't have the exact date of delivery.
Kindly advise, what should I do?
Thanks.



Jan 7, 2020
571
Is it advisable to cancel the contract upon developer's failure to handover on time?


3
Q: Hi,
I would like to raise my concern regarding my off-plan purchase of a 1-BR unit in Dubai. The handover should be last quarter of 2022 as per SPA, but the construction is still under 50%.
Next month Sept. 2022, I will be paying my final downpayment to complete the 20%. Our original plan was to mortgage the property after paying the DP of 20%, however, it would be perhaps impossible to mortgage given the current status of the building.
By Oct. 2022, I need to pay 40% (227k AED) and the remaining 40% on handover in Dec. 2022. My question is, do I have the right to terminate the contract based on the current status of the project?
They called me to negotiate in their office in AUH to discuss with top management our options and the new handover date is the 3rd-4th quarter of next year (2023). My current situation is not so favorable (financially).
My only option is to either mortgage the property or cancel the contract.
Your advice is highly appreciated. Thank you!
Regards,



Aug 23, 2022
259
Laws & Regulations
1 available 1 • 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
4826

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View allالضمانات التي تحصل عليها شركة التمويل مقابل إعطاء قرض 0
حصلت على قرض شخصي وكريدت كارد من مؤسسة للتمويل بإجمالي ٥٠ ألف وتعثرت لفترة والآن يطالبونني بدفع مبلغ ٢٠٠ ألف درهم بالفوائد وكنت أعطيتهم شيك بقيمة ٤٢ ألف وقتها.
سؤالي:
هل يوجد سند لأمر داخل عقد القرض (الأبليكيشن) الخاص بالشركة التي وقعت معها في البداية؟
أم لا يملكون ضمانًا آخر يُمكِّنهم من مقاضاتي به سوى الشيك الذي أعطيته لهم فقط؟
مع جزيل الشكر!
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اشتغل حسب العقد واستلم الدفعة الثانية وأوقف العمل ويرفض المواصلة. تبين لي بعدما حاولت أن أقدم شكوى ضده أنه يستخدم ختم وعقد لشركة منتهية في سنة 2013 ولا يوجد لديه أي ترخيص.
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Can the wife file for maintenance in the UAE after judgement in home country? 0
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تقدمت بطلب تنفيذ ولم تدفع الشركة لي أي مبالغ حتى الآن!
ما الخطوة الواجب فعلها في هذه الحالة؟
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Cancellation of an off-plan property and seeking refund 0
Hello
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