Questions & Answers
Questions & Answers
10 available 10 • View allReal 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
3310
Refund of a deposit paid by the buyer of a real estate property
2
Q: Hi,
I had signed an MOU to buy an apartment. I had the following clause in the MOU:
"This sale purchase contract is subject to the final approval from the Buyers Banks"
My mortgage has been rejected by one bank. While I was processing my mortgage with another bank the MOU expired and the seller is not willing to extend the MOU. Can I claim my deposit check back from the agent?
Thanks,
Dinesh

Jul 18, 2017
5317
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
3426
Failing to pay the final instalment for a purchased off-plan property
2
Q: I've signed a unit reservation form back in September 2016 for an off-plan project.
At that time, it was 40% completed. I paid until mid of 2017 10% of the value of the property, as the 90% was set to be after the handover.
Now, the handover started and I can't continue to pay any further amount. I didn't sign the Sale and Purchase Agreement (SPA).
What is the legal advice here?
Thanks

Jan 2, 2018
570
Defaulting on cheques for buying a rented property 
1
Q: Hi
I have a question.
My landlord, from who I’m renting, asked me if I was interested in buying his house in April this year. I got into a conversation with him and few months later we agreed on a price.
This price of the sale was including the remaining rent ( until November 2018 ), we agreed on not paying the rent until we signed the agreement as the rent was included.
I gave him a security deposit ( not to cash ) cheque. Now, my situation totally changed and I nodded the money also. I recently had a health issue that was preventing me from buying the house.
So the landlord called off the deal and said I defaulted on the deal.
Anyway, he now cashed both the rent cheques and the security deposit and said he went to the police and I will go to jail within the next 24 hours. Please advise.
I’m willing to pay the remaining rent but need time to get the funds ( at least a week ) and also I’m worried about the security deposit of the sale as he deposited this cheque as well, 3 bounced cheques!

Oct 4, 2018
779
The basis of paying the 4% fee for property registration
1
Q: I am an Emirati national and I have a unit in a building owned by a developer in Abu Dhabi; I have purchased it approximately three years ago.
On 2 Oct 2018, I got an email from the developer that I need to pay 4% of the original purchase price to the municipality to get the unit registered under my name (title deed). This 4% needs to be paid by November.
I purchased the apartment at approximately 1.3 million, however, the original price of the apartment was 2.2 million and they are charging the 4% based on that. I have also paid a 2% transfer fee when I purchased the apartment.
What I'm saying is they expect me to come up with AED 86000 in one month or I would start getting fined. I don't think I have to pay anything.
I've been to the municipality and their attitude was that someone must pay whether it is the developer or the unit owner, regardless of the circumstances.

Oct 11, 2018
669
Possible punishment in a complaint for bounced cheques
0
Q: My husband is an investor and I am a housewife in the UAE. My situation is that my husband had attempted to buy several properties in Dubai on my name.
However, over the past months, he has been seriously ill and hospitalized multiple times.
Eventually, the MOUs of these properties expired before we were able to take ownership transfer, and the sellers placed the 10% deposit cheques in their accounts.
These cheques bounced because my husband was unable to arrange the 10% deposit amounts in time due to his illness.
Now, these sellers are making a police complaint against my husband and are threatening to put him jail.
They have been unwilling to show any mercy despite his medical records, and the doctor’s official recommendation that my husband should rest for a month.
Please note that our MOU was a basic one, and had no clause that excuses ill health.

Mar 24, 2019
527
Claiming title deeds from the developer after fulfilling all obligations

0
Q: I bought two flats off-plan which were handed over in 2018. As a part of the handover, in December 2018 I paid for two title deeds.
To date, the developer has not delivered these, refuses to acknowledge my emails and does not answer the phone. What can I do?


Sep 9, 2019
772
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
691
How to cancel an off-plan property contract and get the paid money back?

1
Q: Hi,
I bought an off-plan property from a developer in November 2022 and signed a sale and purchase agreement (SPA).
The handover is scheduled for 2026, and I have paid 20% of the total amount. However, my financial situation has changed and I can no longer afford to make the payments.
The developer has informed me that if I cancel the contract, I will forfeit my deposit and be liable for cancellation fees.
I would like to know if there is any legal way to cancel the contract and get my money back from them.


May 15, 2023
128
Laws & Regulations
1 available 1 • View allLaw No. (16) of 2007 Establishing the Real Estate Regulatory Agency 1
By virtue of this Law, a public corporation named the “Real Estate Regulatory Agency” is established in the Emirate of Dubai. It is affiliated to Dubai Land Department. The objective of RERA is to regulate the real estate sector in the Emirate.
Jul 30, 2007
3276

Other answers by
Options for dealing with a divorce case while being abroad 2
Is it possible to have a divorce case and leave the country?
Do I have to stay in the UAE if the divorce is still not done?
The procedures are very slow and I cannot be in the UAE in the upcoming months.
What are the options for dealing with the divorce and the court while being abroad?
Jun 29, 2020
1274
Filing bounced cheques cases to force payment 0
What is the jail term for a criminal case of a cheque totalling amount of 1,330,000/-, 9 cheques of AED 40,000/-, 12 cheques of AED 50,000/-, 1 cheque of AED 120,000/- (all on the personal name), & 1 cheque of AED 250,000/- (on the company's name) in Sharjah?
Could we file a civil suit for the same as the person doesn't get released until he pays & clears the cheque amounts?
Are we also eligible to claim the damages & losses?
How much could be claimed for damages?
Please define with your best knowledge.
Thanking you for your kind cooperation.
Jun 8, 2020
540
How to guarantee my right in accrued leave days or payment 1
Dear Sir,
My contract is a fulltime employee for a company in the UAE, and my leave entitlement state 10 weeks work and 2 weeks off.
However, due to the COVID-19, I have been unable to take that leave and have accrued two months leave or 61 days with four flight tickets.
My question is, can my company legally cancel those accrued days at the start of the new year or would they have to pay me for those days?
Jun 4, 2020
591
How to guarantee labour rights before signing the cancellation paper 1
Good morning All,
I was terminated by my company in March 2020 for not signing the unpaid leave document given to me. I was terminated on 23rd March 2020.
Once termination letter was signed, ever since then, I have been chasing my ex-company for releasing the final settlement and each time they come up with a different plan.
The last option they gave was to sign an agreement with them for 6 months plan but are not giving me any guarantee cheques and insist that I sign the cancellation papers. I want to simply take my money and leave the UAE.
They have also directed me to their lawyers now who insist that any agreement signed with the company is not required to be notarized by Dubai Courts and the company is not legally bound to give me any cheques as a guarantee.
The company that I worked for is located in Dubai and is a private organisation.
Jun 4, 2020
535
Following up on a labor case after traveling to the home country 2
After working for my employer for nearly two years on an unlimited contract as a COO of a restaurant company, my employer owes me approx 193000, not including notice period.
I have filed a case with the MOHRE. They have tried to contact the employer who has ignored the calls and is also ignoring me.
I know that I will have to escalate the complaint but, based on experience with the way the employer treats past employees and how he ignores suppliers and landlords, it is fair to assume that he will ignore this as well.
I have little options and I have to leave the country as the apartment rent paid by the company expires mid-July. If I leave, can I maintain the complaint, and what is the likelihood of getting the money owed in this scenario when I travel back to the UK?
Jun 4, 2020
1598
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