Q: What is a probability to terminate an SPA with the developer in Dubai through the court if: 1. ACD was Q1 2017 + 12 m 2. Based on inspection of 02/2019, the project is complete over 93% 3. It is possible that the project may complete before or during the claim process but it is also possible that the project may be delayed further at least for months 4. According to the SPA, “the Seller shall not be considered to be in default or in breach of its obligations … to the extent that performance of such obligations is prevented … due to Third Party delays … or because of the time extension given to the Main Contractor by the Consultant Engineer .. for reason whatsoever”. Although it is likely that the delay has been caused by the Seller or due to reasons within its control (e.g, delaying payments to the Contractor), how can the Claimant access such evidence and does it matter given points 2-4?

Q: I purchased an off-plan property studio in Mar' 2018 from a well-reputed builder in Dubai. The anticipated handover date was March' 2020. In Aug 2019, I received notice that there is a fire incident at the site. Same month Aug' 2019 I have cross-checked the project status on the Dubai Land Department website which shows only 23% of work has been completed. It was clearly understood that the project was running late & they were never in a position to complete on-time March' 2020 even if the fire incident would not have happened. In the month of handover Mar' 2020, we have received that due to force majeure the handover is delayed & the remaining monthly instalments are paused & will be taken on completion, paid 50% till now. As I understand from my contract, delivery can be pushed by up to 12 months, however, there is no mention of actual delay that can be taken on a note of force majeure. What are my options with the developer? My preference would be to terminate the contract and get my money back.

Q: I had Invested in an upcoming residential project in June 2018 & paid 20% of the total property value. But there has not been any progress in their construction & also checked with Dubai Land Department & the developer as well for the status, and learnt that it is probably under cancellation. I requested via email to the developer for a refund but they have instead suggested me to opt for an ongoing project or a ready to move in property. But I do not intend to proceed & want my money back at the earliest possible. I have the SPA & proof of payment made i.e. Invoice as well.

Q: Hi everyone, I have bought a studio apartment, it was supposed to be ready by the 2nd quarter of 2018 but until now, just 54% is completed as per RERA. I have made payment as per the payment plan 30% + DLD 4% already paid and 70% upon handover. Can you tell me if it's possible to cancel it and take the amount back or compensation? As discussed with the developer, they denied compensation and mentioned that we are in a remedy period. What should I do in this case? Thanks

Q: Dear all, In March of 2018, I entered into a contract to purchase a studio property from a developer. The handover was meant to be in April 2020. In August of 2019, they sent a notification that a fire had broken out at the site resulting in a Force Majeure. In October of 2019, they sent a letter stating that they were in the final stages of getting approval from DDA to resume building. Now we are in 2022 and still, nothing has happened. They have advised that they are waiting for a court order to restart the work. They stopped banking my installment cheques in September 2020 but by that point, I had already paid around 50%. I have tried everything to negotiate with them; I asked them to transfer me to another project knowing I will lose the DLD fees, refund me less their charges but nothing. I would be most grateful if someone could help me to understand my options as I need the money back somehow if possible even with some loss. Thanks!

Q: Hi All, I am a foreign investor from the USA who invested in an off-plan property in Dubai. I have already paid 60% of the property value. The property has been under development since 2020. Recently, I noticed that the property status is blocked and the project status is under cancellation on the DLD website. I have been trying to get updates from the developer, but I have not been successful. I want to cancel the SPA and recover all of the money that I have paid. Please guide me on how to do this!

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.