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: Refund from Escrow Account I have purchased a unit from Danube Properties. According to them, the project handover will be in 2024 or 2025. Due to some unexpected financial crisis, I can’t pay the instalments, due to which I have some penalty amount as well. My question is if I cancel the unit, will I get the refund of my monthly payments since the account to which I am transferring the amount is an escrow account, not the direct Danube account? Thanks

Q: I have made a 20% down-payment against an off-plan property in 2017. The sale & purchase agreement does not include a "Termination/Refund" clause and the property is due for handover by the end of the month. The property value has dropped by 40% and I'm able to only get a mortgage for 80% of the current value. However, due to the current situation and the impact of COVID-19 financially, I'm not in a position to proceed with the remaining instalments. I have to forfeit the contract as the developer has not given me any options for deferral of payment and has declined the request for a delayed handover. Please advise if and how I can get a refund on the 20% amount that has already been paid upfront.

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: Delayed property development and defaulted payments, Please help! 3 properties purchased in early 2016. 1 x 1 Bed (est AED 1 mil+, status 82% dev). 2 x 2 Bed (est AED 2 mil+, status 65% dev). The developer confirmed that after 50% was paid we would be eligible for a mortgage. In 2018 attempted to amend the developer's errors made on the names on the contracts and sort the mortgage. After liaising with DLD, we were told the LD was

Q: I purchased a property in March 2018 with a completion date of March 2020 with (60/40 payment plan). I have paid 60% of payments; however, the project is only 32% complete. The developer is giving reasons for the delay like: a) Fire Incident b) Covid 19 c) Main contractor safety violations In the current scenario, it looks impossible that he would be able to deliver even by March 2021. What are my legal rights against the developer and how I can be compensated for my investment?

Q: Seeking legal advice to terminate SPA due to a delay in the project for 24 months. I have purchased 2 apartments from a developer. Details of the project as per the signed SPAs: - 30% paid on time, 70% to be paid on handover. - Expected handover: 1-Apr-2019, Longstop: 1-Apr-2020. The Developer sent an email on 17-Mar-2020 saying that the new completion date will be September 2020 & October 2020 respectively for both apartments due to Covid-19. I met the developer on 2-Nov-2020 informing them that both apartments have not been delivered in September 2020 / October 2020 and asked for refunds. They flatly refused to refund saying that it is not possible and Dubai Court will favor their case due to COVID-19 if I decided to approach Dubai Court. On March 31, 2021, they sent the handover notice for 1 apartment. Question: Do I have a winning case if I filed to court to return the paid amount? I can provide the signed SPA if you need to review the terms and conditions of the signed SPA.

Q: I bought 2 off-plan properties in Dubai, a 2-bedroom in one project and a 3-bedroom in another. I paid the Oqood and the 10% downpayment and then due to no financial liquidity, did not pay the payment plan which is 40% up to construction and 60% thereon. I explained the situation to the developer via email and in-person meetings and I asked them to refund 50% of what I paid or consolidate both properties to make it easier. Many other options are given but they did not cooperate for over 3 years. The projects were delayed in delivery/handover. One was delivered later than committed and the other had to be delivered by 30-dec-2020 but even that till Jan 2021 was 68% done. I have my life savings stuck in this horror deal since 2017 august and want to get out with something in my hand. What can be done?

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.