Questions & Answers
Questions & Answers
8 available 8 • View allTerminating contract and claiming refund for project delay


4
Q: Hi,
I had purchased an off-plan property from a developer in 2017. The completion date mentioned in the contract is February 2018.
I have already paid 60% of the sale amount. The percentage completion for the project on the Dubai Land Department says 98% since the last one year.
Can I get the contract cancelled and get my money back?
Regards
O.



Jun 16, 2019
953
Acting against delay of delivery for a purchased property


3
Q: Hi,
My house was supposed to be delivered on 30 Dec 2018 but it's more than 1 year of delay and still, there is no communication on when it will be delivered.
I have paid 30% of my house value in October 2018 + 2% DLD and rest 70% is on delivery as per the agreed payment plan.
We are speaking to the builder to get a better picture of the delivery progress of our house but they say they yet don't have the exact date of delivery.
Kindly advise, what should I do?
Thanks.



Jan 7, 2020
622
Delayed property projects and the right to exit the SPA
3
Q: Delay in property completion and need for cancellation and exit from SPA
Hello All,
I booked for an off-plan property in Downtown Dubai by a leading builder. The completion date was June 2018. However, the property was not completed in June of 2018.
I received a note in April 2018 citing the new completion date would be Dec 2019.
Since the completion date is well over the stipulated grace period in SPA, I had requested the builder for a friendly settlement by cancelling the SPA and refunding the money as per the default by vendor clauses in the SPA.
This has been refuted by the builder and repeatedly says that they cannot cancel the SPA and neither can they refund the money. What are the options available?

Mar 21, 2019
1896
Delaying handover of an off-plan unit and seeking compensation




1
Q: I would like to seek your understanding of this clause in my SPA.
I have an off-plan unit and the last completion date (when signed) was 29 Feb 2019. However, they informed that the new completion date will be April 2020. In March 2020, they informed me the handover is delayed till Nov 2020.
''The vendor shall prior to the Estimated completion date notify the purchaser of the designated completion date of the unit. (The 'completion date') The vendor may, at its sole discretion, and on notice to the purchaser given not less than 1 month before the completion date, extend the completion date to such other date as advised by the vendor from time to time provided that the total period of such extensions of the completion date shall not exceed 12 months from the first designated completion date, except in the case of force majeure.''
Please elaborate on this and advise if I am eligible for compensation after handover?
Or even to get my 60% payment back from them.
Thank you!





Apr 16, 2020
4006
How to cancel an off-plan property contract and recover the amount paid?
1
Q: I have paid about 15% of installments to an off-plan project. However, due to Covid-19, I am unable to keep up with repayments at the time being.
I am also concerned that it has been almost 2 years since I signed the contract and no work has started on the project, it seems no progress.
The handover was scheduled to be in 2021 but now delayed to 2022. How could I cancel without losing my 15% paid?
And if I continue to pay, but I am not happy with being delayed and never starting work, what should be done?

Nov 15, 2020
972
Steps to get the settlement amount from developer after cancelling a property
0
Q: Dear Sir
I have cancelled the purchase of a property in Dubai and the developer has agreed with my decision. The developer committed in writing to refund the agreed settlement amount “within 90 days “.
I have kept consistent follow-up records and everything in writing between the developer and me. However, 1 week before the 90 days expiry period (due to my constant and persistent follow up in writing) the developer has stated it will take another 90 days for them to refund me the monies, sighting COVID-19 as “ the “ reason.
Am I able to enforce the email agreement between the developer and me to recover the agreed settlement within the 90 days and latest at the 90-day deadline?
I look forward to hearing from you, I would also be pleased to engage on the tel with you if you feel this would be more useful. I currently reside in Kenya.
Thanks.
Regards,
S.

Aug 9, 2020
455
Can I terminate the SPA of the off-plan property for delaying the handover two years?


2
Q: The handover date for my off-plan property was due on the 30th of April 2022 the developer has communicated to me that the handover date has now changed to April 2024.
No reason was given. I have since contacted them stating that I do not agree with the change of dates and if they are unable to commit to the original date then our contract should be terminated.
I have paid 63% and I want my money back. The agreement says if the vendor cannot deliver on time I have the right to claim an interest-free full refund.
However, this clause excludes if this was due to an event of force majeure act by government authorities, God, labor disputes and failure of utilities, transportation of personnel or equipment; breach of contract by any sub-contractor, and any matter beyond the reasonable control of the vendor.
To date, no reason has been given, and I feel 2 years are not justified by any force majeure event. Will it stand in court to get my money back and make them pay the legal costs?



Apr 12, 2022
344
الاعتراض على خطاب دائرة دبي للأراضي بالإلغاء والمطالبة برد المبلغ
1
س: السلام عليكم،
مرحبًا!
لقد حجزت غرفة فندقية ذات ربح سنوي مع مطور. دفعت حوالي ٤٠٠ ألف درهم إماراتي. وقد ذكر في تفاصيل التسويق الخاصة بهم للمشروع تحت الإنشاء أن المشروع سيكون جاهزًا بحلول مايو ٢٠١٩ وقبل بداية الإكسبو.
لم يكتمل في 2019، ونسبة الإنجاز حاليًا 98% وفقًا لدائرة دبي للأراضي والأملاك. أوقفت سداد الأموال للمطور منذ 2019، واليوم يطالبنا المطور بسداد باقي المبلغ وهو ٦٠٠ ألف درهم.
تلقيت اليوم رسالة من دائرة دبي للأراضي والأملاك بشأن إلغاء اتفاقية الوحدة. الآن كيف يمكنني الاعتراض والحصول على المبلغ المدفوع؟
مع العلم بعدم قدرتي على سداد المبلغ المتبقي.
يُرجَى الإرشاد.
شكرًا لك!

May 30, 2022
153
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1 available 1 • View allلمحة قانونية عن غرامة التأخير والفسخ في عقود المقاولة 0
عرف قانون المعاملات المدنية الإمارات في المادة 872 منه عقد المقاولة بأنه العقد الذي يتعهد فيه أحد طرفيه بأن يصنع شيئاً أو يؤدي عملاً لقاء بدل يتعهد به الطرف الآخر. وينقضي عقد المقاولة إما بانقضاء العمل المتفق عليه أو بالفسخ، وفي الحالة الأخيرة، يتم التعويض على الطرف المتضرر من الفسخ كما هم معمول به قانوناً وعرفاً.
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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
4864
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
3145
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
5158

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Cancellation of SPA for delay in delivery and defaulting on payments 2
Hi
I bought an off-plan property from a developer in downtown during the peak time. My payment plan was based on construction with completion being Dec 2019. I have paid more than 50%.
I requested the developer to readjust my payment plan as the project is delayed. They moved on payment forward and sneakingly changed completion date to Aug 2021 in the document. The SPA still says Dec 2019.
Now I'm struggling to pay the next payment due to COVID-19 and project is completed 56% as par Dubai land department and 60% as per the developer. The developer is asking for payment and calling me every day.
My question is can I still use the delay in the project as a clause to cancel my unit?
Can I cancel my apartment and how much can the developer deduct?
After selling me, the developer started offering customers post-handover payment plans for 4 years, which is very unfair as even if I complete my payment, no one will buy from me as the developer is selling something with 4 years post-handover.
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Terminating the SPA and claiming refund for changing specifications 2
Can a developer change the layout of the building as shown at the launch event and part of all brochures/online advertisements/model under the pretext that the same is not included in the SPA?
For the launch, we got convinced with the building design and layout but at delivery, it’s changed without prior intimation.
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Can I get a refund for the 30% advance payment and refuse possession of the unit?
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Hi sir,
I live in the UK. I am an investor and a broker for a property development company. One of my customers bought an off-plan property from it i.e just Cavalli Villa 2 years ago. 33% was completed and handover is due in 2021.
My client paid part of the deposit around AED 390000 (£80000) and she has been paying to the project for the last two years until early this year when COVID- 19 hit the UK. Since then, she has been ill and lost her job and, therefore, she is unable to pay.
My customer received a letter from the company saying that if the outstanding amount is not paid within 30 days, then they will take her to court. They say that they would cancel her plot and she will lose all MONEY paid so far.
My client needs payment delay until her situation improves but this request has been declined. The money secured under the ESCROW account. Can the developer have the power to take money from the escrow account?
What is her right under Dubai law? Can she do anything to avoid court order? The UK is in lockdown at the moment with no proper or normal banking functions.
Thank you!
Jun 9, 2020
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كيف يمكنني الاستعلام عن قضية إبعاد أمني ومحاولة العودة إلى الإمارات؟ 0
السلام عليكم،
أود الاستفسار بشأن قضية إبعاد زوج خالتي من دولة الإمارات العربية المتحدة. زوج خالتي كان مقيماً في الإمارات وكان قد وُلد وترعرع هناك.
في عام 2013 تم إبعاده من الإمارات، وكان ذلك نتيجة لسياسات حكومية كانت تستهدف مجموعة من المقيمين في تلك الفترة، وهو لم يكن قد ارتكب أي مخالفة في ذلك الوقت وكان يُعتبر ضحية للسياسات المتبعة.
أرغب في معرفة الإجراءات التي يجب أن أتبعها حالياً من أجل رفع هذا الإبعاد وتمكينه من العودة إلى الإمارات.
أرجو أن توضح لي كيف يمكنني مساعدته في هذا الموضوع.
شكراً جزيلاً.
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