Questions & Answers
Questions & Answers
7 available 7 • View allDelayed property projects and the right to exit the SPA
3
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?

Mar 21, 2019
1855
Claiming refund from developer after cancellation of project



3
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




Jul 7, 2020
1641
Filing a case when the handover of an apartment is not expected to be on time


0
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).



Jan 16, 2020
442
Cancellation of an off-plan property and seeking refund



2
Q: Hello
I bought an off-plan apartment with a developer, paid half and the other half was supposed to be paid on receiving the apartment which was supposed to be received end of 2019.
But they postponed it till March 2020, and now the project is way behind and no improvement at all as I'm in phase 2 and they are still building phase one.
What can I do to get my money back?




Sep 26, 2020
689
How to terminate a property SPA for delay in handover and request refund



1
Q: Hi All,
I bought a property in Dubai in May 2018. The timelines are mentioned below.
Dec 2017: the project was commenced.
May 2018: I bought my property (30% Paid and 70% Mortgage (upon completion))
March 2021: (66% project completed as per the RERA website).
As per my SPA, the project completion date was Dec 2019.
2020 being a force majeure year I am not sure if we are supposed to count that in the compensation period.
Other than that I wanted to know what kind of compensation should I expect and in what form (rebate on the property or cash).
I wanted a solution for 2 aspects.
1) Compensation
2) Terminate the contract.
Your inputs are highly appreciated.




Mar 24, 2021
466
The project is under cancellation. How to claim the paid money back?
1
Q: Dear sir/madam,
My father (an Indian resident) bought a property from a developer in 2018 via resale from a Dubai resident. The project has been under construction all these years but now is showing under cancellation on the Dubai Rest app.
All payments have been made from our side. What legal recourse can we take? And who do we approach in such a condition?

Jun 12, 2022
364
What are our legal rights for a refund if the project is under cancellation?


1
Q: Dear Sir/Madam,
I invested in a real estate project in Dubai that was supposed to be completed in 2021 but is still not completed and is showing under cancellation on the DLD website.
I have made a 55% down payment. The builder is not providing us with updates on the project, so we want to cancel our investment.
When we asked them to cancel our booking, they said they would deduct 10.31% of the property price, which includes 4% DLD fees and 6.31% agent commission.
What are our legal rights for a refund if the project is under cancellation?
Also, the DLD fees were waived during booking, but now they are asking us to pay them.
Please advise!



Aug 16, 2023
294
Legal blog
1 available 1 • View allThere is an execution against me in the UAE; what should I do? 39
There is an execution against me in the UAE; what should I do? How do I cancel the arrest warrant and summons, and how do I deal with the travel ban? Dear readers, we present this simplified article, in which we explain the implementation procedures briefly, how the defendant can deal with them, and the options he can take to enforce the judgment smoothly while decreasing the damages of implementation as much as possible.
Apr 18, 2024
3909
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
4831
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
3125
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
5126

Other answers by
213 213 answers •
View allWhen to claim an inheritance in Dubai while being abroad and which law is applied ? 0
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
422
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
355
Is it possible to apply a will issued in South Africa in the UAE? 0
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
474
How to access the bank account of my son who passed away recently? 0
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
375
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
284
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