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: Hi, I purchased an off-plan property in Dubai that had an estimated completion date of August 31, 2020. I received an email that due to a delay, my completion date has been pushed forward to April 30, 2022. The email they sent for the delay did not say what was the reason for the delay. Since the developer has violated the SPA by delaying the project past 12 months of the completion date, can I request that the contract be cancelled and get what I have paid back? Do you believe that the developer could utilize Covid-19 as Force Majeure as a reason for not following the contract? Regards

Q: Hello, I purchased an off-plan apartment in Aug 2017 from a developer in Dubai. The payment plan is 50% prior to handover, 50% on handover. The property has been registered with Oqood, 30% have been paid to date as per installment schedule. The anticipated handover date was supposed to be October 2019. The developer extended the handover date till October 2020 as per the 12-month buffer they have under contract. They have claimed that the delay is due to their subcontractor going bust, so they have had to kick them out and replace them with a new one. As of Jan 2020, work has not started again on the project. My questions are: 1- Given the progress rate to date (30%), it is unlikely that they will be able to complete it on time. Can I take them to court now for an expected breach of contract? 2- Can they claim that their initial subcontractor going bust is a Force Majeure? Noting that they have never officially communicated this information to their customers (this was only mentioned verbally during a call).

Q: Hi, I am seeking advice on property purchase. In 2016, I purchased a studio with a completion date of Q2 2018, for 500k, with 70% paid at handover. So far, I have paid 140k+21k registration fees. It has been over 2 years since completion date with no signs of it completing till Q1 2021. Due to this delay, I would like to inquire my legal right if I were to file a case and request for a refund from the developer. The SPA states in case of force majeure, they can extend the completion by 1 year, after which they have an additional year under the seller's remedy period. However, I have not received an email stating a force majeure, therefore, I did not issue a written notice. Although, I have sent them numerous emails stating that I would like to cancel my unit and get a refund, however, I have been denied this request. They had said all such requests sent by email do not count. Can someone please guide me, whether I should file a case or not? Thank you!

Q: Hello, We purchased an off-plan property in 2017. The delivery date is Q4 2018. SPA includes a 1-year extension after this date (which would lead to Q4 2019 completion date). To this date, we have received no communication about a new completion date. It keeps getting extended and extended. The online portal says that the delivery is in May 2021. As this seems to be in breach of the contract signed, we would like to know the following: 1. Can we terminate the contract and recover our payments (40% has been made so far, and 60% due at the handover)? 2. The SPA has a clause of Force Majeure in it, but it states that: should an event of Force Majeure occur that delays the delivery, the seller must notify, as soon as practicable, the purchaser and communicate a new anticipated completion date - no such communication has taken place. Can the seller use the COVID 19 pandemic as an event of Force Majeure (even though COVID-19 took place months after the extended completion date expired)? Thank you for your advice!

Q: Good morning Mr. Ahmed Abbas, I am W. L. from China. I have ordered an off-plan property in Dubai. Last month, the developer informed me that the unit is completed and reminded me of the last installment. I am living in Shanghai, and the city is on lockdown due to the government's measures against COVID-19 from 28 March 2022. Now people are not allowed to leave their community. Could I treat it as a force majeure event and ask the developer for extending the due date without penalty? Please note that we do not ask for freeing the debt! Thanks

Q: Dear Sir/Madam, I bought a residential property for AED 7 million in Dubai from a developer in 2013 and registered the property in the same year. The project has been delayed and is still not complete. The original developer sold/transferred the project to another developer in 2022. The project is now 60% complete as per the latest RERA inspection report. The original payment terms in the Sales Purchase Agreement were a final balance payment of 40% to be payable on the handover of the property. However, now the new developer has drafted a new Sales Purchase Agreement where he is demanding 90% to be paid in stages while construction is in progress, and only a balance of 10% to be payable on the handover of the property. The RERA website states project completion by Dec 2025. Please advise if the new developer has the legal right to change these payment terms. What options are available to me to protect my investment and my rights?

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.