Questions & Answers
Questions & Answers
5 available 5 • View allFailing to pay off-plan property instalments and terminating SPA
3
Q: I have booked a unit under construction with a developer 3 years ago. I paid 30% during construction and 70% was due since Jan this year.
When I booked the unit, my plan was to get financing from a bank to cover 70% payment because I was working with a semi-government company.
But I lost my job and my credit score went low due to defaulting on financing payments and I could not get financing from the bank.
I have contacted the developer asking them for refund or change of payment plan but they give me instalment plan for 5 years and increased the price which I cannot go for.
I am not in a stable situation with my current job and the company gave me 3 months unpaid leave because of Coronavirus situation.
The developer completed 100% construction and they sent me a building completion certificate in Jan this year and now they are calculating 3% late payment fee every month as per SPA.
Now I do not have any source of income. Can I get refund from developer so I can cover my expenses?

May 5, 2020
2159
Defaulting on property installments and refund from the developer
27
Q: Refund from Escrow Account
I have purchased a unit from Danube Properties. According to them, the project handover will be in 2024 or 2025.
Due to some unexpected financial crisis, I can’t pay the instalments, due to which I have some penalty amount as well.
My question is if I cancel the unit, will I get the refund of my monthly payments since the account to which I am transferring the amount is an escrow account, not the direct Danube account?
Thanks

Jan 10, 2019
7046
Termination of an off-plan property contract for delay in delivery
0
Q: I bought a one-bedroom apartment in 2015 for AED 1.04 m with a completion date of June 2017. I had paid 40% of the price, and 60% (AED 625,000) was to have been paid on completion in two years (2017).
The project has been delayed significantly, and when I visited the apartment at the end of Feb 2020, it was not ready.
The developer now claims to have received the BCC from the Dubai Land authorities and hence wants full payment of the balance AED 625,000. They claimed the property is ready for handover, but it needs work to be habitable.
I am a British citizen, and my own situation has changed in the five years since. I kept the 60%, but since then, my financial situation is such I no longer have the 60% of the fund AED 625,000 to pay them.
I can't get the remaining as a mortgage for as an expatriate, I can get a maximum of 50% of the value which is now only AED 750000 max.
How can I get compensation and my money back from the developer?

May 17, 2020
561
How to deal with late payment penalties of purchased property installments?
2
Q: Dear Sirs,
Ramadan Mubarak to you.
I am writing to inquire about the following. I bought an apartment in Dubai in 2016. The handover was to be in 2020 but the project is still not completed.
I paid the first 5 installments but then I had a financial problem so I could not pay in 2018 and 2019 installments totaling AED 140,000.
Finally, I just paid it and now got up to date, however, they have now sent me a bill for AED 700,000 late payment fees. The property itself is valued at 1.2M.
What can be done about this? I am getting ill from the stress.
Thank you

Apr 25, 2021
1389
The right to claim refund for delay in handover after failing to complete instalments

0
Q: I have purchased a studio in Dubai, 30% was paid already (AED 171,000).
The handover is getting delayed already 4 months, the developer is already in his grace period for handover but the apartment is also not registered in DLD.
I have paid almost all that I have but I am not able to pay anymore because of some financial issues.
Will I get my money back? Would it be possible to pay a lawyer after execution not in advance?
Thanks in advance for your answers.


Nov 5, 2021
296
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
4826
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
5122

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
1581
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
725
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
2559
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
312
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