Questions & Answers
Questions & Answers
4 available 4 • View allClaiming refund and compensation from a developer




2
Q: I purchased an apartment in August 2007 which was due for handover on October 31, 2009. The purchase price was AED 1.42 million.
The payment term was 50% in 7 instalments and 50% on project completion. I paid 50% as per the agreement, The developer informed me sometime in 2008 that the project was delayed due to force majeure as the substation in Business Bay was not complete.
Now it is 2020 and the project is still not completed. The substation in Business Bay had been completed years ago.
I would like to know if I am entitled to compensation for the delay or can I cancel the purchase in its entirety and get my money back along with interest?
Please advise me on my options and what steps should I take forward.





Feb 6, 2020
744
The right decision upon handover delay by a developer

1
Q: Background:
1. SPA was signed in March 2014. Original delivery Date Jan 2017. SPA permits 1yr delay.
2. I have made 35% on account payment. 65% was due on handover.
3. I completed snagging Q3 2019 and de-snagging last week (Post Jan 29, 2020)
4. Received handover letter in Dec last week 2019 to settle 65% by Jan 29, 2020.
4. I have been requesting/discussing since early Jan 2020 to provide me a discount/compensation for a 2-year delay and settle the net payment. Discussions are still in progress with no end date in sight.
My Questions are:
A. How to proceed?
(i) Should I make 65% payment 1st and then seek delay compensation?
(ii) Make on account payment after netting off my expected discount amount?
(iii) Continue to wait for the developer to provide me the discount amount?
(iv) Explore cancellation of the contract and seek a refund of 35% along with interest?
Thanks!


Feb 7, 2020
278
The tenant's rights in case of selling the rented property
29
Q: Hi,
We just moved into the apartment (just over a month) and now the landlord says that he had put up the property for sale and rent since 8 months ago, which we were not notified of by both the agent and the landlord.
Considering we had plans to stay for long-term, we have had spent a significant amount on the furniture and the interiors. Now, I have been getting calls for viewings, so please help me understand:
1) Can I prohibit the access of the landlord for the viewing?
2) Can I withdraw from the contract and claim all my expenses after deducting for the days stayed, including the agent fees?

Oct 22, 2018
42484
Can the developer rent the apartment before handing it over to the buyer?


0
Q: Can a developer rent your ready apartment before handover and then give you a supposedly used apartment on the final instalment payment?
Note: due to issues on VAT and Snags, the final instalment has been delayed and also the project actual handover was delayed by +24 months from the original date.



Jan 25, 2021
208
Laws & Regulations
3 available 3 • View allLaw 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
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
Executive 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

Other answers by
313 313 answers •
View allCan the landlord request the tenant to pay the chiller in the middle of the contract? 0
I live in Dubai Marina, and the landlord claimed that according to new Dubai Land regulations, the chiller now has to be paid by the person occupying the apartment.
Even though my contract says that the landlord should pay the chiller, they want to implement this mid-contract.
I understand that the terms upon renewal will be renegotiated, but on what grounds can they implement the change mid-contract?
Does a new DLD regulation precede a tenancy contract? Moreover, I am receiving a disconnection notice from the chiller company due to non-payment.
What can I do if this happens?
Please advise.
Mar 23, 2022
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Can I travel with a non-paid telecom bill in the UAE if my visa is canceled? 0
Can I travel with a non-paid telecom bill in the UAE if my visa is canceled?
Feb 16, 2023
724
Does the new property owner have to sign a new contract with the tenant? 0
Hi,
I'm a new landlord of the property which is already rented.
Kindly advise, do we have to sign a new tenancy contract with the tenant for the remaining period? And who will pay the cost of Ejari?
Feb 16, 2023
2558
Cleaner's resignation with 30-day notice in incomplete contract 0
Hello,
Good afternoon!
My friend works as a cleaner for a cleaning company and she now wants to resign with a 30-day notice. However, she has not completed the two-year contract and has only served for 16 months.
Additionally, she has not taken any vacation leave. The sad part is that when she signed the offer letter, she did not receive a copy of it and only signed it.
I would be very grateful if you could let me know if she would have to pay or if her boss has the right to not accept the resignation if the notice period mentioned in the offer letter is more than a month.
Her boss has not provided her with any kind of proof that she can use in the future if anything happens.
Feb 13, 2023
550
The ownership of a code of a web application 0
Hello,
I represent a tech-based marketplace company registered in a Freezone, in the UAE.
This is in regards to the UAE's law regarding the ownership of code when there is no clause mentioned in the agreement. One of our products (web application) is being developed by an agency in the UAE.
While we do have agreements in place, there is no clause regarding ownership of code. In the situation mentioned above, I've heard that the ownership of code either goes to the author or the agency that employed the author. Is this true?
Your assistance and help would be of great help.
Sep 7, 2021
311
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