Questions & Answers
Questions & Answers
8 available 8 • View allThe legality of changing the unit from a hotel apartment to a residential apartment
2
Q: I bought a hotel apartment on 25/11/2014. I received the apartment on 27/11/2018 with a delay of one year. Even though I decided to receive the unit on 12/2/2020.
I received an addendum to the sales agreement to change the unit from a hotel apartment to a residential apartment.
My questions:
A. What is the legal point of view? Does the unit value various between a hotel apartment and a residential apartment? And how much is the difference?
B: Meanwhile, I entered with them on 26/12/2018 to run the hotel apartment on 12/2/2020, they sent the addendum and stopped showing any income from that date till today.
I called them but they never reply so I called the auto service number and they told me that the rental pool scheme is stopped and is not working.
I asked them to hand the key to my representatives to rent the unit they refused. They said you have to sign the addendum and change the unit to residential. What should I do?

Oct 14, 2020
1170
Developer's delay and receiving complete refund
0
Q: Hi,
We had purchased a villa in a community a few years ago and it has been nearly 3 years of delay in addition to heavily advertised amenities at that time are being canceled like the Dubai rainforest.
They've been extending it constantly whenever the handover nears without an explanation as to the reason for the delay. I want to know if you know similar cases; how may it be handled? I am aware of mandatory compensation but is it possible to back out/receive a complete refund?
Thanks!

Aug 26, 2020
114
The real flat size is not the same as the size mentioned in the tenancy contract
2
Q: I have rented a flat in Dubai through a private real estate company since 2016. I have Ejari Tenancy Contract Registration Certificate which mentions that the flat size is around 800 square feet, but in fact, it is around 400 square feet.
Can I have the right to take any action against the real estate company?

Nov 3, 2020
1446
How to deal with changing an off-plan flat's specifications?

1
Q: I had booked an off-plan flat in 2017 with a park view.
I received notice in November for the handover. The developer had asked for PDC's (balance 70%), Dewa, and district cooling receipts for the snagging and handover.
I had given the PDC's and receipts. The flat which was shown to me had a road facing. I had already complained to the management about this.
Kindly advise my rights and the course of action to safeguard my investment!


Jan 19, 2021
243
The effect of changing the original SPA many times

1
Q: Based on Dubai's strong reputation, we invested and now own a couple of off-plan properties in the UAE.
(1) Over the years, the master developer has changed the SPA agreement 3 times - how does this affect the original SPA which many owners still hold?
(2) The original SPA does not allow for "sharing or staff accommodation or AirBnB units within the development yet the developer allows this (claiming this is a government directive). Is this legal ie to breach the SPA terms?
(3) As there is no RERA or any property-governing body in this Emirate - what department can be approached to resolve this?


Jun 8, 2021
561
What can I do if the developer canceled my unit and did not refund my deposit?




3
Q: Hi,
I paid a 24% deposit and 4% DLD and my SPA was voided the next day after I signed the SPA.
After many emails and telephone calls to the developer, I was told that due to some issues with the booking, they could not proceed with the unit I booked.
They were offering an alternative unit about 20 floors lower or a bigger unit at a higher price. Both alternatives were not acceptable.
The developer then said that they would cancel and refund the money. I was waiting for their email to confirm this and was wondering what I could do if the developer did not return all the money.
Regards





+6
Feb 13, 2024
342
I bought a property off-plan and took me time to pay the 4% DLD. Can the developer cancel the contract?




1
Q: I have bought a property in Dubai off-plan. The villa was completed at the end of Jan (1.5 months ago). I haven't had the funds to register the property with DLD until now, mid-March.
Until now, I have paid the 20% deposit to the builder and taking 80% on mortgage. The mortgage with the bank is now ready with the manager's cheque and sent to the DLD office ready for registration.
As it has taken some time for me to arrange the 4% DLD, the builder is now telling me he is going to cancel the contract or charge me an additional amount as the market price has gone up.
Is this possible?
What rights does the builder have?
I am ready to register the property next week with DLD but the builder is threatening to take alternative action.





Mar 22, 2024
222
Paid 10% for a Dubai freehold flat but can't proceed. Can I get a refund without signing the SPA?




1
Q: Hello,
I purchased a freehold flat in Dubai and paid an initial 10% while signing the reservation agreement. However, due to financial issues, I am unable to proceed with the next payments.
My question is: Can the developer refund my funds? The 10% payment was made to the developer’s escrow account, but I haven’t signed the SPA yet.
I requested a refund from both the developer and the property agent, but they declined, stating that the money could not be refunded. Is there any way to recover my funds?





+2
Mar 26, 2025
73
Laws & Regulations
3 available 3 • View allExecutive Council Resolution No. (6) of 2010 Approving the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 3
This Resolution approves the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.
Feb 14, 2010
5121
Law No. (9) of 2009 Amending Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 2
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.
Apr 12, 2009
3113
Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 1
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.
Aug 14, 2008
4823

Other answers by
18 18 answers •
View allإلزام مُدَّعى عليه واحد فقط من مجموعة بسداد المبلغ المستحق 0
في دعوى مدني كلي، المطالبة بإلزام المُدَّعَى عليهم، عدد 12 شخصًا، بسداد مبلغ وقدره (.....) (بالتضامن والتكافل).
صدر منطوق الحكم "بإلزام المُدَّعَى عليه بسداد مبلغ وقدره (.....) والفائدة القانونية (......) وأتعاب المحاماة (......)".
السؤال هنا عن إمكانية تحديد المبلغ المترصّد على مُدّعَى عليه واحد فقط؟ وكيف؟
Apr 8, 2021
847
Landlord's right to ask the tenant for overstay if he terminates tenancy without notice 0
Dear Mr Malalla,
I would like to get your opinion on an incident that I am going through at the moment with my previous landlord.
After staying in the same apartment for 4 yrs as a tenant, on 8/2/21, only a week before the renewal term (15/2/21) and after having a written agreement on a mutually agreed condition as well as sending us the contract, our landlord declared to us that he changed his mind and would apply the old contractual terms.
After having back and forth emails with our landlord's agency, on 23/2/21 we received the final email about his decision from the agency. As I did not want to stay in his place, we moved out on 6/3/21.
On 14/3/21, we received a quotation from the agency in regards to maintenance, which we mutually accepted on 15/03/21.
2 days ago, when I was waiting for my security deposit, I received a final calculation from the agency charging me the period between 15/2 to 5/3 as overstay. We reminded him many times of the rules and regulations but he does not care.
Apr 7, 2021
826
عمل الموظف أثناء إجازته من تلقاء نفسه ومطالبة صاحب العمل بالأجر 0
ما الإجراء القانوني مع موظف تقدَّم باستقالته عن طريق البريد الإلكتروني ووضع جميع الموظفين وأصحاب العمل بالبريد الإلكتروني، وبعد يومين، تقدم بشكوى عمالية ضد المنشأة يطالب براتب شهر عن عمله من المنزل أثناء إجازته السنوية المدفوعة بالكامل بالفعل؟
لم يطلب منه مديره المباشر أو أصحاب العمل أن يعمل أثناء إجازته لا شفهيًا ولا كتابيًا مع العلم أن عقده غير مُحدد المدة ويعمل منذ ٣ سنوات ونصف.
هل يجوز أن يُكمل شهر الإنذار بعد تقدمه بشكوى عمالية؟
Aug 9, 2020
255
Steps to get the settlement amount from developer after cancelling a property 0
Dear Sir
I have cancelled the purchase of a property in Dubai and the developer has agreed with my decision. The developer committed in writing to refund the agreed settlement amount “within 90 days “.
I have kept consistent follow-up records and everything in writing between the developer and me. However, 1 week before the 90 days expiry period (due to my constant and persistent follow up in writing) the developer has stated it will take another 90 days for them to refund me the monies, sighting COVID-19 as “ the “ reason.
Am I able to enforce the email agreement between the developer and me to recover the agreed settlement within the 90 days and latest at the 90-day deadline?
I look forward to hearing from you, I would also be pleased to engage on the tel with you if you feel this would be more useful. I currently reside in Kenya.
Thanks.
Regards,
S.
Aug 9, 2020
431
اختصاص المحكمة في حالة وجود المدعي خارج البلاد 0
هل يجوز لمحاكم الإمارات الحكم بنفقة أطفال انتهت إقامتهم في الدولة قبل تاريخ رفع دعوى النفقات وبناء على إقامتهم مع الأم خارج الدولة؟
ألا يعتبر ذلك تعديًا على الاختصاص المكاني للمحكمة والأصل رفض الدعوى وإرجاعها إلى المحاكم المختصة في دولة إقامة الأطفال؟
شكرًا مسبقًا للرد!
Aug 10, 2020
1679

Other answers by
213 213 answers •
View allWhen to claim an inheritance in Dubai while being abroad and which law is applied ? 0
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?
Mar 25, 2022
414
I seek to cancel a purchased property and get refund for delay in handover 0
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
Mar 9, 2022
346
Is it possible to apply a will issued in South Africa in the UAE? 0
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?
Feb 22, 2022
464
How to access the bank account of my son who passed away recently? 0
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.
Feb 17, 2022
368
How can we access the bank account of a deceased person? 0
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.
Feb 10, 2022
278

Other answers by
109 109 answers •
View allCancellation of SPA for delay in delivery and defaulting on payments 0
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?
Jun 7, 2020
883
Easy way to know whether a job offer is real or scam 0
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.
Jun 7, 2020
14635
Employee rights in case of changing an unlimited contract to a limited contract 0
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?
Jun 7, 2020
4880
Inability to continue paying the installments of a property because of COVID-19 0
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
1516
The rights of a foreign investor when the unit is not delivered on time 0
I bought a studio. According to the SPA, the unit must have been handed in December 2019.
As I understand, developers in the UAE have 1 year grace period so, technically speaking, the project must be completed in December 2020. However, according to the project tracking website, the likely completion date is Q1 2021.
When I enquired about this, they are reluctant to comment on it. As a foreign investor, what are my rights in this situation? The project is only 47% complete thus far.
Thanks!
May 30, 2020
407

Premium
Other answers by
173 173 answers •
View allIs there hope for bail in a 25-year sentence for a minor drug charge? 0
Dear Lawyers,
My brother was sentenced to 25 years in jail for a minor drug case (1 gram) on October 24, 2024. Can he get bail?
What will happen next, and what can I do to help him get released?
Kindly advise!
Nov 12, 2024
169
If you had a case for defaulting on a loan and resolved it, how to clear it from the database? 0
Hello,
I have a question.
My husband had a loan 15 years ago, he had difficulty paying this loan, and the bank opened a case, which was solved, and he paid the full loan.
He is still in Dubai and has a good work position.
How is it possible to remove the solved bank case from the database to have the possibility of getting the credit card and loan?
Thank you.
Sep 16, 2024
89
How can I inform authorities I signed a police statement I didn't understand? 0
Good Day,
As someone unfamiliar with local laws and a non-Arabic speaker, the police took my statement but did not provide a translation and told me to sign. I have no idea what they wrote or presented in the case.
The case is now with the Public Prosecution. What should I do to ensure the authorities are aware of this?
Sep 5, 2024
88
Can I bail my husband out if I'm a visitor and provide my passport? 0
Dear Lawyers,
My husband is under investigation, and I want to get him bailed out from detention.
However, I am a visitor. Can I get him bail by providing my passport?
Aug 29, 2024
108
How can I file for divorce in the UAE as an Indian Christian with a son, and ensure custody? 0
Hi, good morning,
I’m an Indian residing in the UAE and want to apply for a divorce. My husband and I have been living separately for more than 3 years, and he has been living in India since our separation.
We are both Indians and Christians (non-Muslims). We have a son who is 8 years old now. Can you please let me know the divorce procedure if we want to proceed in the UAE, both with and without mutual consent?
Additionally, please advise on how to proceed with custody, as my son currently resides with me.
Thank you!
Aug 28, 2024
138
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