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: Seeking cancellation for the delaying property delivery, as developers are not being reasonable. I purchased an off-plan property in Dubai which was due for handover in June 2018 but still incomplete as of May 2020 (approx. 58%). 80% has been paid from a purchase price of 1.97 million, plus 4% DLD fees. After pleading with developers for assistance, I recently got offered 2 x 999,999 AED, properties from the Developer (not ready till first quarter 2021 apparently), plus DLD fees as they would be classed as new sales. I wish to cancel the purchase. Do I get additional rights for a 2-year delay and being under 60% completion? Can I use force majeure (I'm on 75% wage reduction till September due to COVID-19)? Has a law come into play to have additional compensation whilst renting during the delay? (I was advised on June 2019 by the SLC that there were discussions at DLD but nothing official). Can you claim the 4% DLD fees back? Thanks in advance

Q: 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!

Q: Hi I have 2 properties bought off-plan. Both are overdue. Both are above 90% completed & approximately 6-9 months overdue. I lost my job due to COVID-19 & can no longer fulfil my financial obligations. The properties are with [--------] & [-------]. Is it possible to win a case, cancel the SPA & get my money back?

Q: I had purchased a unit in an off-plan project in Dubai in 2018. I had paid 25% of the total amount. This property has been registered in DLD also on my name by the developer. I have not paid any further instalment because of my weak financial condition. On top of this, because of coronavirus spreading, I have lost my job as well. This project has also been delayed by one and a half year. Now the developer's people are pressuring me to pay the balance otherwise they will inform the DLD and cancel the unit and forfeit my money. Can you suggest the way so that I can get refund of my money? I am really worried because I am a middle-class person and in deep financial crisis.

Q: Hi, I have a contract with a developer for two properties. But since Coronavirus periods started, I was not able to pay the quarterly instalments. There are some penalties as per the agreement too on defaulted payments. Now if I want to cancel the contract and get refunded, how much should I expect? And also, if I cancel only one contract and the payment on it as it is could be transferred to the other contract to continue with that.

Q: Hi, I purchased an apartment in 2018 which was ready or completed property. I paid the down payment, then after Corona, I was not able to pay the installments. Can I get my down payment back? Or they will take it? And if yes, will they, by the court, force me to pay the full amount of the apartment and go to jail?

Q: I bought 2 flats, off-plan, in Dubai. The developer completed the project 2 months late and now requesting the remaining balance. Due to the pandemic, I lost most of my savings and my income has significantly reduced, so I am unable to pay the balance. I requested to change my payment plan and the developer did but added 6% on the top of the total price. I am disappointed with such a decision considering I joined the project from the start, so should gain some loyalty. Whereas they are offering a 25% deposit + 4 years post-handover payment plan to new buyers now with no interest. I tried to sell the apartments but this didn’t go down well due to the current pandemic situation and the developer refused to help. I am left with no choice but to terminate both agreements. I would like legal advice on how to terminate the agreements as I have never done it before and if there is any chance to get any money back from the developer. Many thanks.

س: السلام عليكم ورحمة الله، اشتريت وحدة عقارية من شركة عقارية. التسليم كان يُفترَض أن يكون في مارس 2020، ولكن إلى الآن الإنجاز في المشروع أقل من ‎%‎50. ينص العقد على أحقية تأخير 12 شهرًا وقد تجاوزوها. يتعذر المطوِّر بظرف كورونا القاهر، علمًا بأن العقد ينص على التحكيم في المركز الدولي. هل يمكنني تقديم طلب لإنهاء الاتفاقية؟ وهل عذر كورونا مقبول كظرف قاهر؟ وهل يمكنني المطالبة بتعويض عن التأخير؟

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.

An interview-format article covering the topic of force majeure in the UAE, in light of COVID-19. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.

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.