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?

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.

Q: Hi, I need to hire a property lawyer. I have purchased a property that is still under construction. The handover was supposed to be May 2018 and it has been delayed for over 18 months. Can you please advise what is the average fee to the lawyer and any upcoming fees? I would like to either receive compensation for the delay or terminate the SPA and receive what I have paid. Thanks

Q: I have booked a unit under construction with a developer 3 years ago. I paid 30% during construction and 70% was due since Jan this year. When I booked the unit, my plan was to get financing from a bank to cover 70% payment because I was working with a semi-government company. But I lost my job and my credit score went low due to defaulting on financing payments and I could not get financing from the bank. I have contacted the developer asking them for refund or change of payment plan but they give me instalment plan for 5 years and increased the price which I cannot go for. I am not in a stable situation with my current job and the company gave me 3 months unpaid leave because of Coronavirus situation. The developer completed 100% construction and they sent me a building completion certificate in Jan this year and now they are calculating 3% late payment fee every month as per SPA. Now I do not have any source of income. Can I get refund from developer so I can cover my expenses?

Q: Hello, I would like to ask a question about real estate. My husband and I recently lost our jobs because of COVID-19. We invested in an apartment for more than 2 years ago. This apartment was supposed to be completed last year, but it is not even on 50% at this moment. We don't have visa sponsor anymore and we are unable to continue paying for that apartment. We will have to leave the UAE soon. What are our options for this situation? Can we ask for the return of our investment? Thank you very much for your help.

Q: Dear Lawyers, I need your advice about my situation below. In 2018, I purchased a unit from a developer which they wrote on the reservation form that completion date is Q2-2019. Therefore, I paid 24% including Oqood fees (approximately AED 109000) of the amount of (AED 534430) at booking. Then I paid 50% of the amount as mentioned in the reservation on time. However, when I received the SPA, they changed the completion date to Q1-2020 which I signed as well. Now, the building progress is 45% and they mentioned that completion would be in Q2-2021. Until this time, I did not receive the DLD registration and I need to know what is the best solution in this case. I have asked them many times about it but they keep ignoring me. I do not think they will deliver even on the time they mentioned. Is their a possibility to get my money back, or should I wait until Q2-2021 as they mentioned? I appreciate your help. Best regards

Q: We have purchased an off-plan property and its handover was in the 2020 1st quarter. It has been delayed constantly and now the expected handover is Sept 2022. We need some advice on how to get compensation from the developer.

As the world is currently experiencing a major lockdown and suspension of almost all commercial and civil operations, the question arises in the novelty of Coronavirus outbreak on how serious it is to be dealt with as a Force Majeure.

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.

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.

This Resolution approves the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.