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: I bought an off-plan apartment in a tower in Dubai. 10+ years later, it still has not been finished and I have paid in full. Yet, they keep coming back to me and making changes and asking for more money. The latest is about the size of my apartment. They are saying that it's bigger than what I agreed to and want me to pay more for the extra space. In addition, they are asking for some electrical money, yet the apartment has not been finished. I feel they are asking for money that is not due. They send threatening emails for payment with no explanation. As I have no knowledge about Dubai law and do not live in Dubai, I feel they would act differently if they had to speak to a knowledgeable person.

Q: I signed an MOU for purchasing a property from the seller. It has now been close to two months, with no progress. The tenant at the seller's property is not allowing time for valuation purposes. And now the seller is saying it's not his problem and is not willing to pay the 10% agreed as per the MOU. There's a specific clause in the MOU as below: "In the event that the 'seller' fails to complete the transfer on the agreed date due to his own act or omissions, then the full deposit will be refunded to the buyer, and also the 'seller' agrees to pay the same deposit amount to the buyer as a compensation for the loss of the said property unless they agreed amicably to different terms or dates."

Q: Hello, I paid a deposit for a property from the developer, with their own financial plan. I signed a reservation form with this deposit. However, I found out this property is mortgaged during due diligence, even though they showed me a title deed stating clearly "not mortgaged". Can I walk away from this transaction and recover my deposit? Thanks in advance

Q: Dear sir/madam, In January 2017, I purchased a property from a developer. The original booking was for a unit in (.......). After initial payments, I was informed that the unit was double-sold (under dispute) and the previous owner was not willing to sign a release NoC. A swap unit was offered in (.......) - due to be delivered in a few months. Due to construction issues, even 2 years later was not ready for delivery. After escalation, a unit in (.......) was offered as a second swap. All payments were completed on time for each of the units. Almost 3 years of following up passed now since making the final payments in April/May of 2019. I was not informed that the unit is under group mortgage and Title Deed can not be issued until the mortgage is cleared. Always promises that the unit is on priority for clearance. What is the possibility of getting a full refund of all amounts paid under "breach of contract" or any other applicable grounds? I would also like to know a cost estimate for any legal proceedings.

س: السلام عليكم، اشتريت وحدات عقارية وقد تأخر المطور عن الميعاد المتفق عليه للتسليم وحتى بعد المهلة المتفق عليها للتسليم. سجَّلت دعوى نزاع عقاري ونُدِب خبير وأودع الخبير تقريره وبناءً عليه سجلت دعوى نزاع عقاري بالمطالبة باسترجاع المبالغ المسددة للوحدات المشتراة لإخلال المطور بالتسليم في الموعد. في أثناء نظر الدعوى، أرسل المطور بريدًا إلكترونيًا لي بجاهزية العقار للتسليم. السؤال هنا: هل يجوز قانونًا للمطوِّر إخطاري باستلام الوحدات بعدما سجَّلت دعوى قضائية قبل تاريخ إخطاره لي بجاهزية العقار؟

Q: I have a foreign company registered in South Africa that has signed a SPA with a developer in Dubai. However, the unit that we bought has not been registered with Dubai land affairs as apparently, foreign companies cannot own property in Dubai. We have paid 51% of the money and the developer is refusing to cancel the Agreement as according to our understanding the contract is invalid as it has been signed with a foreign company. And legally, the company can't own the property that the foreign company has signed the Sales & Purchase Agreement for. Can you advise, please?

Q: Dear sir/madam, I bought an apartment. I paid 90% of the total amount. In the final stage to receive the apartment, the size was different and I asked many times about this issue, but no one answered. Now, they tell me that they took it without any reason.

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.