Questions & Answers
Questions & Answers
8 available 8 • View allBuyer's default of the SPA
3
Q: I signed a Sales Purchase Agreement with a buyer on a cash-buy basis and deposit 10% of the cost of the property. We agreed to meet at RERA in 30 days of to effect the transfer of the title deed. 60 days have passed and the buyer has informed me that he does not have the full amount for the transfer of the title deed.
What should I do with the 10% deposit?

May 31, 2016
3794
Refund of advance deposited while purchasing property in Dubai
2
Q: Hi,
I have put 5% deposit on a property in Dubai and I have also paid 2% DLD fees + OQOOD. I have more payments starting in 2 weeks but I can't afford to continue with the purchase.
Am I entitled to any money back?

Jul 26, 2017
3418
Real estate matter in the UAE
1
Q: We are from the UK and our broker found a buyer for a property. The MOU was agreed and had an expected transfer date and expiry date. The MOU stated that the buyer will prepare for NOC and the take transfer of the property during the period we are in Dubai.We arrived in Dubai during the agreed dates. The buyer did not prepare the NOC in advance but only after we arrived leaving insufficient time for the NOC to be completed. The buyer did give us a small cash advance on the sale which we still hold. On the day of the transfer, the buyer claimed they had an emergency and were not available to complete the process. We had to return to the UK.However, the buyer and broker are now expecting us to return to Dubai to complete the process. However, due to health restrictions we can not do this easily.Are we as sellers obliged to return and complete the transfer? Has the MOU effectively expired? Are we entitled to the buyer's deposit? Can the MOU be terminated?Thank You.

Nov 22, 2016
3287
Changing the contract due to buyer's failure to pay the installment on time
3
Q: A property was bought in Dubai on an installment plan. Due to some problems, the purchaser has failed to pay the last 2 installments but intends to clear the payments.
He has paid around 40% to 50% of the total amount, but now, the seller has sent him a notice that he is going to change the deed. Should the buyer step back considering that the seller is unreliable or should he move forward?
What should be the step to address the notice they have sent?

Apr 30, 2020
638
The purchaser paid only 20% of the property price while it is 80% complete
3
Q: My question is from the developer side.
A developer completed 80% construction certified by RERA Report. A customer paid only 20% of the selling price. We sent DLD Notice to the customer but no answer.
We started the cancellation procedure through DLD, then the customer responded. Actually, the customer purchased 5 units, and all he paid is 20% of selling up to now.
I want to know how much money I can forfeit if the customer is not able to pay by law.
Also please give me the law reference of DLD!

Mar 11, 2021
846
Cancellation of an off-plan property while an SPA is not signed and the project is completed

4
Q: 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
1725
Inability to complete the installments of a property. What to do?

3
Q: Hi,
I have an off-plan property with a developer which is 80% constructed. I am struggling with the payment of the next installment and they have demanded payment within 30 days from their legal team.
Can you advise me of my options? They have threatened to de-register the unit if payment is not made.


Jul 25, 2021
431
Termination of an off-plan property SPA and getting a refund
1
Q: Hello,
My father had purchased an off-plan hotel room (rental-pool) in Dubai. He paid the deposit and all fees and has been paying all installments on schedule towards the developer's escrow account. However, the project's ACD was on June 19, with the six-month extension, Dec '19.
He stopped paying the installments after the extension period (paid around %65) on the grounds that the project is yet not running and not generating him any revenue. According to the DLD, the project reached 100% completion on October 20.
He asked the developer to cancel the SPA after the extension period, but they kept stalling and saying it is not possible. Moreover, they provided us with different dates for the ADC. The SPA says June 19 while the Property Reservation Agreement says Dec 19.
Due to financial constraints, he cannot continue with further payments. What is the possibility to cancel the SPA through the DLD or Real Estate Courts in Dubai?

Nov 19, 2021
280
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
4829
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
3122
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
5125

Other answers by
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Dear sir/madam,
I am from Pakistan. My question is:
In 2013, the UAE imposed a permanent ban on me for health reasons because there were scars on my chest. I did my medical examination again in my home country and there was no issue now.
I want to lift my permanent ban. What is the process?
Jul 4, 2022
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Traveling to GCC countries after being deported from the UAE 0
Dear sir/madam,
I got deported from the UAE in 2020.
I want to know if I can go to other GCC countries for employment.
Jun 3, 2022
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How to know if I have a ban for resigning before finishing probation to return to the UAE 0
Hi Mr. Younis,
Hope you doing good.
I see a lot of amazing replies from you where you give a clear picture of what needs to be done next. I would like to thank you for this support.
In my case, I am working with a private company called [----]. I have to leave the country and go back to my hometown due to an emergency on an immediate basis.
I have not finished my probation period and the contract is limited. I have completed 5 months with the company.
Will I get banned?
Please help.
Jun 1, 2022
351
إمكانية ضم المحضون لوالدته في الإمارات بعد سفره مع أبيه إلى سوريا 0
السلام عليكم،
أنا متزوجة منذ ٦ سنوات في الإمارات ولدي طفل عمره ٤ سنوات. طلب مني والده أن يأخذه إلى المول كي يلعب وذهب به إلى سوريا.
أريد أن أحصل على حكم محكمة بضم المحضون وحكم نفقة، وأريد أن أتأكد هل فعلاً يوجد قانون أو اتفاقية بين البلدين بهذا الشأن؟
Jun 2, 2022
228
How to get a divorce and split a joint property after I caught my husband cheating on me? 0
My husband and I are Romanian. We got married in Seychelles and live in Dubai. We own an apartment we bought one year ago.
I caught my husband using prostitutes. I have proof of it as entry logs to my apartment when I was at work, many girls have visited.
I want a divorce. Can my husband claim the apartment as it's jointly in our name?
Can he get into trouble for using prostitutes in Dubai?
Jun 4, 2022
370
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