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?

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: I have a mortgage of 1.3m with a bank. It is a lease and the property is registered on my name. At the moment, I live outside the UAE and cannot sell the property because of COVID-19. There is a 40-day delay with payments - 1.5 installment is due. The bank sent me information to clear the outstanding amount within 1 day or they will start a police case and repossess the property. Is a 40-60-day payment delay long enough to start a police case and repossess the property? What can I do to avoid consequences? I can settle the outstanding amount within 15 days. I plan to sell the property when the borders get reopened.

Q: Hi, I purchased an apartment in 2018 which was ready or completed property. I paid the down payment, then after Corona, I was not able to pay the installments. Can I get my down payment back? Or they will take it? And if yes, will they, by the court, force me to pay the full amount of the apartment and go to jail?

س: لقد اشتريت فلتين وشقة من مطور عقاري ولم أسدد أي قسط بعد شرائي الأول وجهّزت الفلة الأولى ولم أستلم واليوم علمت أن دائرة الأراضي في دبي شطبت اسمي. هل أسترد أموالي؟ شكرًا!

Q: Dear Sirs, I signed a contract with a developer in the UAE to purchase a property off-plan, with expected completion in late 2024. Construction on the property has not started yet. I have also provided them with cheques for the downpayment as well as the installments. However, due to unforeseen circumstances, I informed them that I will not be able to go ahead with any of the payments. So far, I had only paid an initial "show of interest" fee of AED 10.000 by credit card. I have asked for the contract to be canceled, and for the cheques to be returned. They have refused to do so and stated that as a penalty for defaulting, I will have to pay 10% of the total amount. The first cheque for the down payment is due in one week and it will be returned by the bank due to insufficient funds. Kindly advise on my options.

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.