Questions & Answers
Questions & Answers
9 available 9 • View allObtaining 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
5713
The right action for delaying the delivery of a purchased property
0
Q: I have invested in a villa and it's been 19 months that my villa is still not ready and I haven't got the possession or either copy of the contract which I have signed with them.
How can you help in this regard?

Nov 26, 2018
572
The right decision upon handover delay by a developer

1
Q: Background:
1. SPA was signed in March 2014. Original delivery Date Jan 2017. SPA permits 1yr delay.
2. I have made 35% on account payment. 65% was due on handover.
3. I completed snagging Q3 2019 and de-snagging last week (Post Jan 29, 2020)
4. Received handover letter in Dec last week 2019 to settle 65% by Jan 29, 2020.
4. I have been requesting/discussing since early Jan 2020 to provide me a discount/compensation for a 2-year delay and settle the net payment. Discussions are still in progress with no end date in sight.
My Questions are:
A. How to proceed?
(i) Should I make 65% payment 1st and then seek delay compensation?
(ii) Make on account payment after netting off my expected discount amount?
(iii) Continue to wait for the developer to provide me the discount amount?
(iv) Explore cancellation of the contract and seek a refund of 35% along with interest?
Thanks!


Feb 7, 2020
278
Claiming refund from developer for delay in delivery



0
Q: Our company paid approximately 85,000 AED as advance (for commercial rent) to a developer whose project never got completed. The handover for the site was 1.5 years ago!
We have been requesting a refund since many months now but the landlord/developer is not cooperating. The payment was made via cheques and the lease had been signed as well.
Further, I have seven sent them a legal notice two months ago via Dubai Courts but there has been no reply from the developer.
May I know what could be done next?




May 7, 2020
462
Renting the property of the buyer by developer without approval
0
Q: After completing the full amount, I am currently suffering a lot with the developer company as they have rented my apartment without my approval just one month before my handover date.
Until now I am trying to get the rental income but day after day they are delaying and every time they provide excuses they have deducted lots of money for management FEE and service charges advance payments, even as I have mentioned that the rent was done without my approval.
Is there any way I can complain about such misconduct from the developer company?
Please advise about my issue with the developer. I have purchased a unit in a project in April 2017 from an exhibition done by the developer in Oman.
The developer sold me the apartment in Oman and they know that I am not a resident of the UAE and therefore do not have any bank account in the UAE and can never create a current account according to the UAE law without having a residence card.
The developer asked me to provide bank cheques from a local bank.

Jun 15, 2020
521
Termination of property SPA and claiming refund for handover delay



2
Q: I purchased an off-plan property studio in Mar' 2018 from a well-reputed builder in Dubai. The anticipated handover date was March' 2020.
In Aug 2019, I received notice that there is a fire incident at the site. Same month Aug' 2019 I have cross-checked the project status on the Dubai Land Department website which shows only 23% of work has been completed.
It was clearly understood that the project was running late & they were never in a position to complete on-time March' 2020 even if the fire incident would not have happened.
In the month of handover Mar' 2020, we have received that due to force majeure the handover is delayed & the remaining monthly instalments are paused & will be taken on completion, paid 50% till now.
As I understand from my contract, delivery can be pushed by up to 12 months, however, there is no mention of actual delay that can be taken on a note of force majeure.
What are my options with the developer? My preference would be to terminate the contract and get my money back.




Aug 27, 2020
450
How to claim the amount paid for property after cancellation of the project
1
Q: Salam Alaykum
It's my pleasure to write to you. I hope someone will help me. I am from Iraq but I have swiss citizenship living and working in Switzerland as my wife is from Finland.
We suppose that we come to Dubai once a year. In 2008, we decided to buy an apartment with money savings which already belong to my daughter. We paid AED 180000.
The unit was in Ajman with a real estate developer under the registration of the Dubai Government. I have no one to help. Wherever I go, they say you have to pay more deposit in order to check your case.
I have original all the proofs in Arabic and English. Under the agreement, I should get my unit in 2009.
Allah Karim

Jan 26, 2021
318
Claiming compensation and full refund due to delaying property handover


2
Q: Hi,
I need advice.
I have purchased a property that is still under construction.
Payment terms were 40% during construction and 60% on handover. I have paid 70% (not mentioning developer name here).
As per SPA, the handover was supposed to be Dec 2018 and it has been delayed for over 15 months. Expected possession is by end of the year.
I would like to know about the chances of getting compensation for delay (mainly covering potential Rent loss or Interest cost) or I would like to terminate the SPA and receive whatever I have paid.
Can someone please advise what is the average fee to the lawyer and court expenses?
Litigation expenses: Will it be payable by the developer in case the court ruling is in my favor?
Thanks!



Apr 1, 2021
625
كيف يمكن المطالبة بمبلغ تم إغفاله بعد الحكم وإلغاء اللجنة الحاكمة


2
س: كان لدي دعوى أنا المدعي بها لجان عقارية (-------) وقد أصدرت اللجنة حكمها بتاريخ 14-10-2020.
ولكن تم إغفال الفصل في مبلغ قمت بسداده بالزيادة إلى (-------) وأيضاً قد تم سداد المبلغ إلى (-------) من خلال التمويل من (-------).
قمت بتسجيل طلب إغفال وتم الحكم برفضه. ثم قمت بتسجيل طلب إغفال آخر، وقبل إصدار الحكم به، صدر المرسوم رقم 15 لسنة 2021 بشأن إلغاء اللجنة الخاصة.
فأصدرت اللجنة قرار بإحالة الدعوى إلى المحكمة العقارية بمحاكم دبي للاختصاص ونص القرار على:
"بسم الله الرحمن الرحيم
بعد الاطلاع على المرسوم رقم 15 لسنة 2021 المعمول به من تاريخ 27-4-2021 قررت اللجنة مايلى:
ــ أولاً:ـ إعادة الدعوى للمرافعة
ــ ثانياً: إحالة الدعوى الى المحكمة العقارية بمحكمة دبى الابتدائية للاختصاص ولتحديد جلسة لنظر الدعوى والفصل فيها أصولاً بعد إعلان الخصوم"
قمت بتسجيل دعوى عقاري جزئي وفقاً لقرار الإحالة الصادر عن اللجنة الملغاه، ولكن قد صدر الحكم في الدعوى عقاري جزئي "بعدم جواز نظر طلب الاغفال لسـبق الفصل فيه بموجب قضاء اللجنة الصادر بتاريخ ١٤-١٠-٢٠٢٠ باعتبار قرار اللجنة قراراً باتاً".
ماذا يمكنني أن أتخذ من إجراءات؟



Oct 28, 2021
296
Laws & Regulations
4 available 4 • View allLaw No. (8) of 2007 Concerning Escrow Accounts for Real Estate Development in the Emirate of Dubai 7
This Law applies to developers who sell units off-plan in real estate development projects in the Emirate of Dubai and who should receive payments from purchasers or financiers towards such real property units to the special escrow accounts.
May 6, 2007
11337
Law 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
4819
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
3112
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
5119

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View allتعذر إثبات نسب طفل إلى أبيه بسبب تعنُّت طليق زوجته وعدم نفي الأبوة عنه 0
السلام عليكم،
لقد تزوجت من امرأة منفصلة ومقيمة في المانيا ولديها طفلين من زوجها السابق وهو كان مقيم في المانيا (حاليًا مقيم بالإمارات)؛ حيث أنهم مسجلين في المانيا بالسجل المدني حتى الآن زوجين.
أنجبت منها طفلاً وُلد في ألمانيا وأُدرج اسم طفلي تحت اسم طليقها، ولنفي النسب طلبت منه المحكمة مرارًا بأن يرسل إيميل أو ورقة ينفي فيها نسب الطفل، ولكنه يتجاهل الأمر لكي يضغط على زوجتي كي تتنازل عن طفليها منه.
طفلي الآن (9 أشهر) لا يملك أي أوراق ثبوتية بسبب هذا الأمر. ذهبت أيضًا هناك وأجريت فحص إثبات الأبوة ولكن القاضية بالمشفى طلبت توقيع طليق زوجتي على تقرير الفحص قبل أن تسلمه للمحكمة الرئيسية لإصدار الحكم بهذا الأمر.
هل هناك أي طريقة قانونية تُجبر هذا الشخص على إرسال إيميل أو ورقة إلى السلطات في ألمانيا ينفي فيها نسبه للطفل كما طلبوا منه أو على الأقل إجباره على التعامل بجدية والرد على إيميلاتهم كي نحل هذا الإمر ونوقف ابتزازه بإعاقة مستقبل طفلي وإعاقة أوراقه الثبوتية؟
أنا مقيم بالإمارات.
وشكرًا
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فسخ عقد عقاري وطلب التعويض نتيجة عدم الوفاء بالالتزامات 0
سلام عليكم،
أنا اشتريت ٣ وحدات عقارية من شركة كبيرة بدبي وكان العقد بتاريخ ١١/٢٠١٥ وتاريخ التسليم ١١/٢٠١٧ ولم يتم اكتمال المشروع إلا في ٥/٢٠١٩ وحدثت خسائر مادية بسبب تغيير أسعار العقارات بالإمارات والأقساط المدفوعة للشركة مقابل الوحدات مما تسبب في خسائر مالية.
سعر الوحدة بتاريخ ٢٠١٥ كان ١٥٥٠٠٠٠ درهم وحاليًا بسعر ٩٠٠٠٠٠ درهم مع العلم أن المساحة الكلية للعقار أقل من المساحة بالعقد بمقدار ١٥ متر بعد الكشف على مساحة الوحدات من قبل خبير عقاري.
هل يمكن إعادة مبلغ الوحدات وفسخ العقد؟ وكم نسبة التعويض في هذه الحالة؟
شكرًا لكم!
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