Questions & Answers
Questions & Answers
8 available 8 • View allRefund from the developer

5
Q: REFUND FROM UNPROFESSIONAL DEVELOPER, NO CONTRACT, NO OQOOD, NO PROGRESS
We purchased properties with Royal Estates in DIP - we have paid approximately 25% of the final value already, however they have broken the law on at least 2 issues, as they haven't given us a contract within 15 days of our reservation form plus there is no Oqood. There is no work on the site also.
The developer is constantly making excuses for past two years and is most unprofessional and unhelpful - they are unlawfully keeping our money. The reservation form is null and void as we purchased in 2015.
Is there a way we can get a straightforward refund from the Escrow account that DLD holds? There's no point for a court case as there's no challenge with the developer - anyone can see they have breached law, and I'm sure Dubai want to keep a good reputation to foreign investors without making things legally expensive and messy.
Your advice on the law for this simple situation is appreciated,
Thank you


Oct 1, 2017
3158
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
2061
Obtaining 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
5762
SPA termination & refund case if the developer fulfills obligations during the case



2
Q: Termination of SPA for a delayed project with a Real Estate Developer.
Assumptions
1. Anticipated Completion Date as per the SPA: Q1 2017 + 12 months
2. The last available project status as per Dubai Rest: 94%, as of February 2019. However, the developer says that the project has been completed
3. The developer has been misleading the investor about imminent completion for about 3 years (evidence is available)
4. Investor fulfilled all his obligations
5. Price paid: 80%
6. Investor registers a claim for contract termination after about 3 years of delay
7. Developer is at fault at the date of starting the litigation
I would appreciate your opinion on how likely are Dubai Courts to support the annulment of the SPA if the developer sends a handover notice to the investor during the litigation?
What does it depend on?
Thank you.




Feb 7, 2021
611
What to do with a developer who delayed property handover for ten years?
2
Q: We invested in a property which is delayed by 10 years. Now the property is ready but the developer is not following the signed SPA and asking to sign a new contract.
A few investors won the case against the developer for a full refund but the developer transferred the project to his other company and is not giving the refund.
Please suggest what to do. According to the SPA, the developer has to give 1% delay compensation but he is denying and asking money from the investor.

Jan 26, 2021
398
Cancellation of a property purchase and refund for over-delay in handover

3
Q: Hello
I am contacting you from London. I have purchased a property in Dubai in a project in 2005. We purchased two apartments and today we have not received anything yet.
This construction project is still going on and the developer has changed many times. Another company now runs the project, and whenever I contact them they say it's going to be ready in the next 3-months or 6-months.
It keeps postponing work are currently at standstill. I have contacted them then and the same they're waiting for more information from the Dubai authorities.
Every time there's a different story, and we get delayed. It's now been 16 to 17 years since we have invested in this and I would like to put a stop to this now, possibly get a refund and compensation.
Could you please help me by advising me what my situation can be?


Feb 1, 2021
861
How to get refund from developer for never starting the project?


1
Q: How difficult or easy is it to obtain a refund from the developer who took installment payments but never made a project, then refused to refund funds for nearly 10 years?



Oct 5, 2021
328
A project delivery is delayed for years. How to get refund?

2
Q: Dear sir/madam,
Obtaining a refund from a developer.
I bought an off-plan apartment a long time ago and paid around 70% of the deposit. The apartment was supposed to be ready by 2009 but it is still not ready. Around 2019, the developer changed, and then we have been told that the project will be finished by 2020.
It seems that the project has not started yet or it is in the first stage of construction. I want to know how can I cancel my contract and get my money back?
I appreciate your help.
Thank you!


Feb 6, 2022
353
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
4848
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
3134
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
5146

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