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: 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: 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? I would like a friendly termination of the SPA which both developers have declined.

Q: Hi I purchased my apartment was in 2017 and supposed to have delivered to us. In December 2018, it was delayed indefinitely. The Builder is dragging the completion of the project and also no communication whatsoever is forthcoming from their end. This has added a lot of financial stress on me and my family in this challenging time. We had already paid more than 45% down payment & continue to pay rentals at another place too. Under the circumstances, we want to withdraw and get our payment in full from the Builder with possible compensation (interest) to cover my loss of interest and to also to pay for Legal/Lawyer cost...etc. Please advise Thanks Best Regards S. S.

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: 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.