Questions & Answers
Questions & Answers
3 available 3 • View allMisleading real estate marketing in Dubai
2
Q: I have purchased a property developed by a developer. They told me verbally that the property is located in Downtown, and in the SPA they used the location Burj Khalifa community developed by another developer.
As a first-time property buyer, I trusted them. Now, they are saying that the property is in Business Bay.
How can Dubai laws support a customer for the disguised real estate marketing or cheating?

Nov 28, 2017
1499
Misleading salesman in the process of purchasing a property


2
Q: First of all, I am new to Dubai and I was searching for a villa here. Sometime later I found something I was interested in. I've decided on a villa and many promises were made for it by the seller of the developer.
The seller gave me a good price, a payment plan which suits my needs, included landscaping, 1-year free service charge and other charges regarding the inside of the villa.
I was asking the seller for a confirmation in writing mentioned with all the promises that were made. He told me I will get it only after paying the reservation of 20% from the purchase price. Unfortunately, I believed him and paid the 20% + 4% DLD to the developer.
After asking several times for the confirmation in writing, I still got nothing. We wrote at WhatsApp and I still have the voice memo's and history where we talked about everything.
I have a memo of his voice promising me several times that everything will be realized and that I will get my confirmation in writing very soon like it was promised in the first place.
I had to fly back to my home country due to work-related reasons that's why I wanted to take the reservation form with me to read and sign it at home, but I got interrupted by the seller.
The seller insisted me to sign the form as soon as possible and came to my hotel lobby with the reservation form at 10 pm.
I took an exhausted look at the reservation form and noticed some faults like a wrong payment plan, landscape and 1-year free service charge weren't mentioned either.
He told me that this is just a temporary booking form and it's only about the reservation, just so that I won't lose the villa to someone else who is interested.
He concluded by saying that all the changes that were promised will be written on the purchase contract.
Nevertheless, I've made a copy of the booking form from the printer of the hotel. I've asked the seller several times if there is any hitch in the contract, he made an oath in God's name that my wishes regarding the villa will get done and that every thing has its validity.
The next day when I was in my home country I took a closer look at the booking form. I ascertained that everything was wrong at the form: wrong price, wrong payment plan, and all my wished changes were not mentioned.
In addition, the reservation price wasn't 20% like he told me. It was written at the reservation form that I had to pay 10% of the purchase price. Of course, I complained immediately.
After around 1 week I got a call by the seller. He told me that he couldn't change the price since it was already the best, that he can't include the 1 year free service charge and he could not change the payment plan as arranged before.
He told me he could only realize some few changes regarding the villa but not every thing that was agreed before.
I am really disappointed and I claimed my money back. The only statement I got was that I can't get my money back, because it's not refundable through the booking form.
I feel really messed around and I have never thought that this could happen to me here in a city like Dubai, especially by a big developer with a huge project like this. I feel desperate since it's a huge amount that I've paid.
What can I do? I have as evidence all the WhatsApp memos and the history between me and the seller.
I would appreciate a helpful response or a very good lawyer.



Aug 26, 2018
964
رفع دعوى على شركة للإخلال بموجباتها التعاقدية
0
س: السلام عليكم ورحمة الله وبركاته
السادة الكرام
بخبركم سالفة استوت مع شركة تقنية متخصصة في تصميم المواقع و التطبيقات.
تعاقدنا وياهم على اساس يسوون لنا تطبيق ذكي لفكرة تجارية. ووقعنا العقد واشترطوا دفع مقدم، واعطيناهم. العقد تم من شهر 4 - 2017 بس للحين ما سووا شي ولا شفنا شيء. كل مرة يماطلون و يتهربون لين اختفوا و كنسلوا تلفوناتهم.
المعطيات اللي عندي ان الشركة مسجلة في منطقة حرة باحدى الامارات (مادري اذا مسموح احط اسم الامارة). تواصلت مع خدمة عملاء المنطقة الحرة، قالوا لي نعتذر ما نقدر نوفر لك المعلومات لأنك طرف ثالث!
طيب انا مستهلك و متضرر منهم، كيف اخذ حقي؟
حاليا قدمت دعوى مدنية بس قسم التدقيق في المحكمة الرئيسية طلب مني اعطاء عنوان كامل للشركة، وهالمعلومات ما اقدر احصلها عن طريق المنطقة الحرة اللي الشركة مسجلة عندهم لأنهم يرفضون التعاون. بالتالي الدعوى معلقة لحين اكمال النواقص.
علما ان المبلغ مب بسيط وهالشيء أثر نفسيا علينا.
شو الحل؟ طالبين مشورتكم.

Apr 17, 2018
461
Laws & Regulations
3 available 3 • View allFederal Law No. (18) of 1993 Issuing the Commercial Transactions Law 19
This Law applies to merchants, as well as to all acts of commerce carried out in the UAE by any person even though he be not a trader. Commercial matters regarding which specific Federal laws are issued shall be subject to the provisions of such laws, and to the provisions hereof which do not contradict with said laws.
Sep 7, 1993
33060
Federal 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
148526
Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code 42
The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.
Feb 24, 1992
75395

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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
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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؟
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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
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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
581
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
720

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How to file a case against my former company for unpaid salary I was not on their visa? 0
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Does filing an online rental dispute by a landlord lead to a travel ban on the tenant? 0
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How can we claim our money back if the cheque we received have bounced for insufficient funds? 0
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We are not sure what we can do. We need the money asap to pay our kids' school fees, let alone all the interest we have lost.
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تكاليف تعيين خبير في قضية تتعلق بشركة مقاولات والمسؤول عن تعيينه وحياده 6
لدينا قضية مدنية مرفوعة ضد الشركة؛ وهي عبارة عن خلاف في حساب الكميات وجودتها داخل شركة مقاولات حيث فرضوا غرامات علينا لأعمال لم تكن في نطاق عملنا.
السؤال:
في حال استدعت المحكمة خبيرًا فنيًا للحكم بيننا، مَن يدفع راتب الخبير؟ ومَن يُعينه؟ ومن أي جانب يأتي لضمان الحيادية؟
May 10, 2020
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Agreement with the employee to get an advance payment on gratuity 2
Dear Legal Advice ME
I own a company in DIFC which is struggling due to the current crisis and employees were given three months notice because the company will probably be forced to close.
One employee is asking if he can take his gratuity early as his wife has lost her job due to COVID-19. Can I legally give him a loan against a percentage of his gratuity?
He has worked for me for 16 years.
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Early termination of a tenancy contract when the landlord is not responsive 2
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Termination of off-plan apartments' contract without sending written notice 0
I purchased 2 off-plan hotel apartments in 2016; both ACD Q2, 2018. One is 100% paid, the other is 30% as per the SPA.
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No written notice was received, despite requesting it on 21/09/2018 by email (no reply).
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Mar 23, 2020
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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.
Can legal help be provided in this regard?
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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.
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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?
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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
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