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?

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.

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?

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?

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!

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؟

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.

دفعت مبلغ حجز لمطوِّر قبل توقيع أي عقود رسمية لشقة، عند معاينة شقة العرض للمشروع قام البائع بإبلاغنا بأن رسوم الخدمات ١٤ درهم وبأن الشقة سيتم تسليمها بنفس تفاصيل تشطيبات شقة العرض وأن العقد غير جاهز حاليًا وسيتم تجهيزه بعد يومين. تم هذا كله أمام أحد الوسطاء العقاريين الرسميين، وعند طباعة العقود تبين أن رسوم الخدمات ١٧.٥ إلى ١٨ درهم والتفاصيل التي ذكرها البائع بشأن بعض التشطيبات كما بشقة العرض غير مذكورة بالعقد، وعند العودة الى البائع تردد وأنكر وبعد مخاطبة شركته، لم يتعاونوا معي أبدًا ولم يُعيدوا مبلغ الحجز. كيف يمكنني استرجاع المبلغ علمًا بأنه يوجد لدي فقط وصل مختوم بالمبلغ المدفوع وشهادة شركة الوساطة العقارية؟

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. According to SPA: "Without prejudice to the Seller's rights under Clause 21 in respect of a Force Majeure Event and/or Foreign Delay Events, the ACD may be extended by the Seller, in its absolute discretion without cause, by written notice to the Purchaser for a period or periods of up to a total of twelve (12) months." No written notice was received, despite requesting it on 21/09/2018 by email (no reply). After several misleading communications and changing completion dates, they are now saying that because I did not exercise my entitlement to send written notice requiring completion of building works within 1 year from ACD ("Remedy Period"), I am not entitled to terminate. I didn't send this notice as I was waiting for them to send theirs as per SPA obligations. Current RERA status is 61.59% (due 30/06/2020)and 84.54% (due 31/05/2020). Is this a good cause for termination?

sir, I am residing in Kuwait. One of my wife's friends cheated me with a cheque of RAK Bank, Sharjah of a sum of 120,000 Dirhams which he owed me in 2018. He was running a general trading company. There is also another cheque of commercial bank of Dubai with a sum of 150,000 dirhams. He closed down the company by the end of 2016. When I ask him regarding the money, he tells me that he doesn't have the money now and whenever he has, he will give me. Both cheques are without specified dates. As I am staying in Kuwait, I don't have an account in Dubai. I did not present these cheques to banks as I don't have an account and also if I present them, I won't be having any evidence if the banks keep them. Which way can I proceed as this guy cheated me? Kindly advise! Thanks! M.T.

Dear sir/madam, I would like someone to be honest with me. I am in the UK. How long have I got to claim inheritance in Dubai? I was reading in the Gulf News that the laws of the country of the deceased at the time of death can be applied regarding the will. Is this true or false? I am really looking for these two questions to be answered first. Can anyone help me with this, please?

Dear Advocate Sweta Singh, I am from India and in Sep 2018, I purchased an apartment in a hotel. The hotel has not been completed and the delay is more than a year. They have not paid any compensation as per the contract, nor do they talk about it. I have paid more than 80% in installments and paying it regularly. Please help me, guide me on how to cancel the deal and get a full refund, or any other way which helps me recover my investment. Regards

Dear questioner, My father (Muslim) has passed away in South Africa. He leaves behind 4 children, his wife (our mother) and his own mother. He had a will for South Africa in which, I (oldest son) am executor. The will does state that it encompasses all property and assets wherever they may be. He has various properties and assets in the UAE. My questions are: 1. Does his will have power in the UAE or will it be divided by Sharia? 2. What documents are required to wind up his estate? 3. What is the wind-up process within the UAE?

My son tragically died in Dubai and his salary has been paid into a UAE HSBC bank account. My daughter also lives in Dubai and has an HSBC account. How can I access my Son's bank account, please? I live in the UK.

My uncle died 2 weeks ago in one of the private hospitals here in Dubai. We have already completed everything regarding the repatriation of his body with the help of his employer and his remains are already sent back to our home country last week. He used to give me an access of his ATM card before and I tried to access it just few days ago and I found out that there is some amount of money left on his bank account. I am aware that he has some pending bank loan requests before he died, so I am afraid that amount might be the reason of such big amount. Being the only family member of my deceased uncle, what should I do in order to make sure that the amount is from his savings and not from his bank loans? In case the amount is proved to be his own savings, is there any chance for me to get the authorization to claim that amount from the bank to be used by his family? He has a wife with 3 kids back home. Thanks a lot in advance.

Dear Sir, My company made my position redundant due to the Coronavirus effect. I am under a limited contract. With the end of service, they gave me one month notice period. Is it right or it should be 3 months? Please clarify

I have been in Dubai 2 years ago. I left the country before the end of my contract with a hotel. I resigned after 4 months, they asked me to pay AED 5000 penalty. Instead of paying the penalty, I just left and got back to my country. Am I banned? Will I be able to work in Dubai in the future?

I have resigned from my current job and my last day is May 9th after a notice period of 2 months. I was employed for 4 years. My employer has paid me a full year housing allowance and would like to deduct the remaining months from my end of service. Is this allowed? I have not been made aware that the amount would be deducted in case I resign. Also, I am entitled to 30 days of leave per year. Since I have resigned, they have applied a pro-rata for this year for the end of service calculation. Is this allowed? Shouldn't I be compensated for the 30 days that I have not taken? Thank you!

My company has placed all of the employees on unpaid leave due to the COVID-19 situation. Can they legally do this without even paying our basic salary or expenses?

Hi, I am working in a company situated in the free zone, and due to the economic crisis as mentioned in my termination letter, the company terminated me and gave me a 1 month notice period. My contract was 3-year visa I finished my 2 years 4 months ago. In this situation, does the company need to pay me a 3-month salary with notice period salary?