Questions & Answers
Questions & Answers
5 available 5 • View allDefaulting on property purchase instalments due to COVID-19

0
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.


Jun 24, 2020
400
Termination of SPA and refund of down payment after losing income
0
Q: Good afternoon.
My name is E.,
I have been made redundant last week and I have paid down payment last year for an off-plan building. Is there any chance I can get that money back?
Thank you

Jun 23, 2020
437
Termination of a property SPA due to COVID-19 situation
1
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.

May 20, 2020
708
The 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
1207
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
126
Legal blog
1 available 1 • View allIs COVID-19 a Force Majeure Event? 10
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.
Apr 7, 2020
2300
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
4851
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
3140
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
5151

Other answers by
When to claim an inheritance in Dubai while being abroad and which law is applied ? 2
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
482
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
377
Is it possible to apply a will issued in South Africa in the UAE? 1
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
503
How to access the bank account of my son who passed away recently? 1
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
397
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
318
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