Questions & Answers
Questions & Answers
3 available 3 • View allRescinding a property reservation agreement and getting refund

3
Q: I have purchased a property in Dubai in Dec 2017 by putting a 30% deposit of the purchase price to the Developers account and received the reservation form and receipts only.
However, I still do not have the SPA or OQOOD as of Aug 2018. The developer has been saying the SPA templates have been getting delayed at DLD.
Per the reservation form, I have an upcoming payment in Sep 2018, however, I do not want to pay this as I still don't have the SPA or Oqood which is my legal document and there is no escrow account per DLD website.
What is my legal position here and how can I get this resolved or can I get refunded given there is no contract as yet?
Please guide


Sep 20, 2018
4475
Reimbursement of down payment from the developer
1
Q: I paid an initial amount of AED 23000 to buy a property from a developer on Sept 6th. and I have not signed the document yet.
Can I cancel my off-plan property and get my refund?
Please assist.

Sep 10, 2018
1117
Refusing to refund the property initial payment after cancellation

2
Q: Hi,
Can anyone please give me legal advice?
Till now, there is no legal documents/agreement is made for the purchase of the unit. I had a meeting with the finance manager, he agreed to refund my money after 1 month.
I booked one off-Plan property with a developer in Dubai. I made initial payment AED 40,000. Because of certain reasons, I want to cancel this unit.
He gave a cancellation letter, mentioning the refund amount 40,000 on the letter as well.
Now, they refused to refund the amount by saying that your money is with RERA govt. department and they declined our request for refund.
Kindly advise what legal options I have and what could be taken?
Thanks


Jul 17, 2019
506
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
4876
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
3151
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
5172

Other answers by
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.
Can legal help be provided in this regard?
Jun 7, 2020
933
Easy way to know whether a job offer is real or scam 100
I am a health professional in Canada.
Years back, I posted my CV to work in the middle east on a job site in the gulf. Last week, I got 3 emails claiming from a general hospital in Abu Dhabi, a hospital Dubai and another medicare hospital in Dubai for online recruitment.
they showed interest in my CV. All emails were from free accounts (gmail.com address). I chose then to forward an email to the concerned HR department of the concerned hospitals.
I forwarded one email to the official email of one of the hospitals (as given on the hospital site). They replied and said, yes, the email is legitimate and you can apply with confidence.
Now I got an offer letter from Dubai hospital with handsome salary offer but from a Gmail address. They're asking me to start position in one month only and asking to contact a travel agency based in Dubai.
Is it a scam or true? I have forwarded the email to the HR department of the hospital to determine authenticity.
Jun 7, 2020
14689
Employee rights in case of changing an unlimited contract to a limited contract 7
Hi,
What is the law if an employer wants to change a contract from an unlimited to a limited contract?
Is the employer liable to pay the 3 months arbitrary dismissal (if valid) + other monies owed prior to changing the current unlimited contract to a limited contract?
Jun 7, 2020
4909
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.
Can I make a legal case or can they take the guise that it’s not part of the SPA?
Can I get a refund for the 30% advance payment and refuse possession of the unit?
Jun 8, 2020
756
Inability to continue paying the installments of a property because of COVID-19 5
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
1554

Other answers by
الضمانات التي تحصل عليها شركة التمويل مقابل إعطاء قرض 2
حصلت على قرض شخصي وكريدت كارد من مؤسسة للتمويل بإجمالي ٥٠ ألف وتعثرت لفترة والآن يطالبونني بدفع مبلغ ٢٠٠ ألف درهم بالفوائد وكنت أعطيتهم شيك بقيمة ٤٢ ألف وقتها.
سؤالي:
هل يوجد سند لأمر داخل عقد القرض (الأبليكيشن) الخاص بالشركة التي وقعت معها في البداية؟
أم لا يملكون ضمانًا آخر يُمكِّنهم من مقاضاتي به سوى الشيك الذي أعطيته لهم فقط؟
مع جزيل الشكر!
May 19, 2021
523
تقديم دعوى ضد مقاول استلم دفعتين من المال وأوقف العمل 2
هناك مشكلة مع مقاول إذ اتفقنا على بناء ملحق داخل منزل خاص ووقعنا العقد واستلم أول دفعة.
اشتغل حسب العقد واستلم الدفعة الثانية وأوقف العمل ويرفض المواصلة. تبين لي بعدما حاولت أن أقدم شكوى ضده أنه يستخدم ختم وعقد لشركة منتهية في سنة 2013 ولا يوجد لديه أي ترخيص.
كيف أستطيع أن أشكوه وبنفس الوقت أواصل البناء؟
May 20, 2021
1012
Can the wife file for maintenance in the UAE after judgement in home country? 3
My wife and I are non-Muslims. Divorce was settled in our home country court which decided that I am the custodian of the children and no alimony has to be paid to her.
Children are living with me here in the UAE. However, she still resides here in the UAE using a tourist visa. She is planning to file a Maintenance Case against me in the UAE Family Court.
Can she do that?
Am I obliged to pay her alimony?
Dec 7, 2020
1436
ماذا بعد الحصول على حكم في قضية عمالية؟ 4
فصلتني الشركة فصلاً تعسفيًا وقمت بمقاضاة الشركة والحمد لله حصلت على حكم بمستحقاتي المالية من رواتب متأخرة ومكافأة نهاية الخدمة.
تقدمت بطلب تنفيذ ولم تدفع الشركة لي أي مبالغ حتى الآن!
ما الخطوة الواجب فعلها في هذه الحالة؟
Oct 8, 2020
584
Cancellation of an off-plan property and seeking refund 2
Hello
I bought an off-plan apartment with a developer, paid half and the other half was supposed to be paid on receiving the apartment which was supposed to be received end of 2019.
But they postponed it till March 2020, and now the project is way behind and no improvement at all as I'm in phase 2 and they are still building phase one.
What can I do to get my money back?
Sep 26, 2020
735

Premium
Other answers by
After acquittals by the first instance and appeals courts, can the case still go to the Court of Cassation? 0
Hello,
This is regarding an enquiry about a case where we were acquitted by the first instance court, that is, the trial court.
The prosecution appealed the judgment, and we also received an acquittal verdict from the misdemeanour appeal court.
I know there are still 30 days, but what are the chances it can be appealed to the Court of Cassation?
May 22, 2025
48
What to do if our landlord keeps ignoring maintenance requests despite a clear contract? 0
Dear All,
We have a question related to private rental law in Dubai. We have been living in the same house (rented) for the last four years.
During those years, we have had to battle our landlord for maintenance at large. Our contract states that ALL maintenance is on his account (no deductible).
We have a lot of small maintenance issues, such as kitchen cabinets that are coming loose, a sewage smell in the house, and a toilet upstairs that still doesn't work after four years (despite attempted maintenance).
How can we deal with him and get him to honor the contract and resolve all of our issues so we can use the house properly? What legal steps can we take?
We have informed him plenty of times over the four years about the problems, but he seems to "ghost" us and does not reply very often.
We have issued him a warning to get things fixed by the end of this month (via WhatsApp), but he doesn't seem to mind.
Hope you can help with advice and maybe RERA down the line.
May 22, 2025
20
My RDC case says, "Enquire about shares and bonds." How can I request an installment payment? 0
Hello,
My RDC case says "enquire about shares and bonds," which I assume means freezing my bank accounts.
How can I approach this and request them for an instalment or initial payment?
May 22, 2025
13
After evicting a tenant for renovation, can the landlord rent the property to another tenant? 0
Hello,
If the tenant is evicted due to renovation, once the renovation is done, can the landlord rent the property to a new tenant, or does the landlord have to wait for 2 years?
May 22, 2025
28
After evicting the tenant for personal use and gifting the property to my son, can he rent it out? 0
Hello,
I had evicted the tenant by giving 1-year notice with the reason being for personal use.
After 1 year, the tenant vacated the apartment. I gifted this property to my son, who is 18 years old.
Can my son rent out this property?
May 21, 2025
17
Get quotes from lawyers
Find the right lawyer for your legal needs.
Submit your request and get multiple
competitive offers from
qualified lawyers.
Popular Q&A
View all Looking for something else?
Ask for advice from a lawyer