Questions & Answers
Questions & Answers
8 available 8 • View allClaiming 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
1630
Seeking compensation or cancellation for delay in property delivery


15
Q: I've purchased an off-plan property in Dubai which was due for handover in Dec 2017 but still incomplete (approx. 80%).
70% has been paid from a purchase price of 1.8 million. Am I entitled to compensation for the delay or can I cancel the purchase in its entirety?
Thanks



Jan 23, 2019
14821
Terminating a property SPA with compensation for delay in delivery
0
Q: I bought a property in Abu Dhabi and the completion date as written in the agreement is in 2014 and the project has not been finished to date.
I have contacted the developers several times and met with them and they keep failing their promises.
What do you advise, should I file a case to terminate the Sale & Purchase Agreement (SPA), can I claim for compensation for the delay?

Apr 17, 2018
1066
Reasons set by the law to terminate a sale and purchase agreement
2
Q: Can you terminate a sale & purchase agreement in the UAE? And, what are the laws that support the claim?

Nov 4, 2020
1036
Legal steps of terminating a property SPA and getting refund for delay


1
Q: In brief, I am based in Muscat, Oman and I have invested in an apartment in an off-plan project in Dubai back in August 2015. I was introduced to the project by a Broker which is a sister company to the Developer.
I have adhered to the clauses in the reservation form we mutually signed and paid almost AED 200,000 in total. The handover of the unit was supposed to be in June 2018.
Unfortunately, the construction hasn’t commenced until today and the developer refused to refund me, claiming that the project will be completed, which until today shows a 0% completion on Dubai Land Department's official website and Mobile app.
I have submitted an official complaint to Dubai Land Department back in October 2019 requesting assistance in obtaining a full refund.
I have managed to get a Statement of Deposits dated September 2020 from the bank where the escrow account is, showing the amount I have transferred.



Nov 23, 2020
516
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
1748
متى يحق للمطور سحب العقار مرة أخرى بعد التأخُّر في سداد الدفعات المستحقة؟

2
س: السلام عليكم،
متى يحق للمطور سحب العقار مرة أخرى بعد التأخُّر في سداد الدفعات المستحقة؟
علمًا بأنه تم دفع حوالي 48% من قيمة العقار.
بعد أخذ الحكم من دائرة الأراضي والأملاك بدبي بسحب العقار، هل يوجد شيء يمكن المشتري من استرجاع المبلغ المدفوع مرة أخرى؟


Dec 15, 2021
389
How to cancel SPA and recover money upon off-plan property blockage?



1
Q: Hi All,
I am a foreign investor from the USA who invested in an off-plan property in Dubai. I have already paid 60% of the property value. The property has been under development since 2020.
Recently, I noticed that the property status is blocked and the project status is under cancellation on the DLD website. I have been trying to get updates from the developer, but I have not been successful.
I want to cancel the SPA and recover all of the money that I have paid.
Please guide me on how to do this!




May 28, 2023
169
Laws & Regulations
1 available 1 • 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
148514

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