Questions & Answers
Questions & Answers
6 available 6 • View allTerminating the SPA of an off-plan property when the project is almost completed
5
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?

Sep 3, 2020
796
Termination of property SPA and claiming refund for handover delay



2
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.




Aug 27, 2020
484
Termination of SPA and claiming refund after project cancellation
1
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.

Aug 16, 2020
691
The right to terminate SPA and ask for refund after delay in handover


0
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



Oct 20, 2019
314
How to get refund when the project is affected by a force majeure event?
1
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!

Jan 30, 2022
284
How to cancel SPA and recover money upon off-plan property blockage?



1
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!




May 28, 2023
175
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
4863
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
3145
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
5156

Other answers by
الضمانات التي تحصل عليها شركة التمويل مقابل إعطاء قرض 2
حصلت على قرض شخصي وكريدت كارد من مؤسسة للتمويل بإجمالي ٥٠ ألف وتعثرت لفترة والآن يطالبونني بدفع مبلغ ٢٠٠ ألف درهم بالفوائد وكنت أعطيتهم شيك بقيمة ٤٢ ألف وقتها.
سؤالي:
هل يوجد سند لأمر داخل عقد القرض (الأبليكيشن) الخاص بالشركة التي وقعت معها في البداية؟
أم لا يملكون ضمانًا آخر يُمكِّنهم من مقاضاتي به سوى الشيك الذي أعطيته لهم فقط؟
مع جزيل الشكر!
May 19, 2021
520
تقديم دعوى ضد مقاول استلم دفعتين من المال وأوقف العمل 2
هناك مشكلة مع مقاول إذ اتفقنا على بناء ملحق داخل منزل خاص ووقعنا العقد واستلم أول دفعة.
اشتغل حسب العقد واستلم الدفعة الثانية وأوقف العمل ويرفض المواصلة. تبين لي بعدما حاولت أن أقدم شكوى ضده أنه يستخدم ختم وعقد لشركة منتهية في سنة 2013 ولا يوجد لديه أي ترخيص.
كيف أستطيع أن أشكوه وبنفس الوقت أواصل البناء؟
May 20, 2021
1000
Can the wife file for maintenance in the UAE after judgement in home country? 3
My wife and I are non-Muslims. Divorce was settled in our home country court which decided that I am the custodian of the children and no alimony has to be paid to her.
Children are living with me here in the UAE. However, she still resides here in the UAE using a tourist visa. She is planning to file a Maintenance Case against me in the UAE Family Court.
Can she do that?
Am I obliged to pay her alimony?
Dec 7, 2020
1425
ماذا بعد الحصول على حكم في قضية عمالية؟ 4
فصلتني الشركة فصلاً تعسفيًا وقمت بمقاضاة الشركة والحمد لله حصلت على حكم بمستحقاتي المالية من رواتب متأخرة ومكافأة نهاية الخدمة.
تقدمت بطلب تنفيذ ولم تدفع الشركة لي أي مبالغ حتى الآن!
ما الخطوة الواجب فعلها في هذه الحالة؟
Oct 8, 2020
582
Termination of SPA for delay in delivery and failing to pay instalments 0
Hello,
I would like to ask a question about real estate. My husband and I recently lost our jobs because of COVID-19. We invested in an apartment for more than 2 years ago.
This apartment was supposed to be completed last year, but it is not even on 50% at this moment. We don't have visa sponsor anymore and we are unable to continue paying for that apartment.
We will have to leave the UAE soon. What are our options for this situation? Can we ask for the return of our investment?
Thank you very much for your help.
Aug 10, 2020
412

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Is overtime applicable on work-from-home days under company’s policy? 0
Hello,
The company has a policy allowing employees to work from home once per week.
Now, employees are asking if overtime is applicable for those who work from home as well.
Could you please clarify?
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Can the landlord send me an eviction notice for non-payment despite submitting an offer and deposit at RDC? 0
I’ve lived in my building for over 4 years, with the most recent rent being AED 50,000. Each year, the management collects cheques and extra AED 2,400–2,500 cash (no receipt) for management and Ejari fees.
My contract was due for renewal on 15 Feb 2025, but management delayed, demanding a 10% rent increase even though no formal 90-day notice and the RERA index did not allow it.
After a month of excuses, the manager called on 12 March, insisted increase to 55K, and threatened eviction if I refused. When I referenced RDC, he hung up. The next day, he again made unprofessional remarks, so I decided to go with RDC.
I submitted my offer and deposit on 13th March, but the management didn’t respond. The case went to the judge on 14 April he ruled in my favor.
On 30 April, I applied for the execution of the ruling, and RDC says I can renew Ejari only on 8th May at DLD with cheques given to them.
However, on 1st May 2025, I received a notarized eviction notice for non-payment of rent and communication.
My question is, what will happen at DLD now?
May 2, 2025
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Can I resign during the probation period without serving a three-month notice to take another job? 0
I am working in the private sector, and currently I am in the probation period. I got a government job, so I submitted a one-month resignation notice.
My current company rejected my one-month notice and ordered me to serve a three-month notice (as per the contract).
I enquired with One Time Centre, and as per their advice, after one month, I can stop work and register a complaint against my company.
For this matter, how will the UAE law help me to solve it?
May 2, 2025
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Can I renew my trade license and visa if I have multiple cheque execution cases filed against me? 0
Hello,
I have multiple cheque execution cases filed against me due to financial strains last year.
My trade license and visa will expire next month, along with my Emirates ID.
Is it possible for me to renew my license and visa along with EID prior to settling the execution cases?
The trade license and visa were issued by the free zone authority.
I look forward to your response.
Thanks.
May 1, 2025
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When to claim an inheritance in Dubai while being abroad and which law is applied ? 2
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
487
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
380
Is it possible to apply a will issued in South Africa in the UAE? 1
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
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How to access the bank account of my son who passed away recently? 1
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
399
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
322

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Can a debt agency access AECB reports without consent for a 15-year-old closed case? 0
Dear Respected Lawyers,
Subject: Request for Legal Advice Regarding Unlawful Practices by a Debt Collection Agency
I would greatly appreciate your advice and guidance regarding a troubling issue my colleague is facing with a collection agency.
The company has been contacting the employer, urging them to ask my colleague to get in touch with them regarding a supposed liability.
This claim is related to a 15-year-old closed dispute with a bank credit card, and the issue seems to stem from outdated and inaccurate information on the AECB report.
Our main concerns are as follows:
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How is it possible for a third-party agency to openly access and track AECB reports, especially for a dispute that was resolved 15 years ago?
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I was evicted from my apartment to be sold but it was gifted and rented at a higher price. What can I do? 0
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Can I file a case for cyberbullying or defamation after my ex-wife's abusive messages? 1
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I invested money in a business but my partner is removing me out from partnership. Can I pursue legal action? 0
Hi
I'm an Irish citizen and a resident of the United Kingdom. I got investment fraud in Dubai. I invested money into a business with a Pakistani national guy in March 2024 via bank transfer into his business account.
Now he's giving back the money which I invested in business after 9 months. He's preparing a letter from a local lawyer to kick me out of the business. I do not have any other option than to take out at least my money.
But it's unfair to me that he used my money in business and took all the advantage.
Some people say to me that if you claim money or take legal action against him, it will take too much time and I need to travel to Dubai to appear in court because it is a civil matter. But I'm not a resident.
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That's why my partner knows that I can not do anything and this case keeps running long time and in the end nothing happens. But I'm thinking that I will submit a complaint through my embassy and I also have a solicitor in the United Kingdom.
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Seeking justice and compensation for wife's loss due to medical negligence during childbirth 1
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My relative lost his wife during childbirth due to clear medical negligence, as stated in the report from the DHA medical committee.
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