Q: Delay in property completion and need for cancellation and exit from SPA Hello All, I booked for an off-plan property in Downtown Dubai by a leading builder. The completion date was June 2018. However, the property was not completed in June of 2018. I received a note in April 2018 citing the new completion date would be Dec 2019. Since the completion date is well over the stipulated grace period in SPA, I had requested the builder for a friendly settlement by cancelling the SPA and refunding the money as per the default by vendor clauses in the SPA. This has been refuted by the builder and repeatedly says that they cannot cancel the SPA and neither can they refund the money. What are the options available?

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: This is regarding an under-cancellation real estate project in Dubai (started in 2017 & was supposed to be handed over in Dec 2019 but progress did not move beyond 10%). I made my cheques payable to the company rather than to escrow account. AED 881K was already cashed out of 1,460K (+ 58,400K for Dubai Land Dept). What are the options available for recovering my money? Thanks

Q: We invested in a property which is delayed by 10 years. Now the property is ready but the developer is not following the signed SPA and asking to sign a new contract. A few investors won the case against the developer for a full refund but the developer transferred the project to his other company and is not giving the refund. Please suggest what to do. According to the SPA, the developer has to give 1% delay compensation but he is denying and asking money from the investor.

Q: I purchased a property from a developer and paid approx. 16% towards the purchase price. To initiate the evaluation process, the bank demanded OUQUD from the developer and this cannot be produced because the subjected unit is already mortgaged with the bank. This information was not revealed by the developer to me and SPA was issued in my name. Now, they are delaying the handover of the unit because the unit has not been released from the bank. What legal options are available to me and where should I file a complaint against the developer?

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.