Questions & Answers
Questions & Answers
6 available 6 • View allClaim against the developer for the breach of contract

2
Q: We are a group of owners, sharing the same concerns. The developer has handed over the properties to us with:
- Unsafe roads, not marked, no signals, no proper speed controls
- We found out also that no pest control, rats are entering homes
- No landscaping and amenities completed /done as advertised and shown during the purchases. We have supportive documents
- No safe security gates
- No proper entrance to the community with very dangerous access, for the single point entry
We raised complaints to the authority but we don't have yet Owners Association formed, and we want to do a case.
Is it possible to do a combined case, since the concerns are the same for all owners?


Feb 5, 2019
1339
Claim against a developer for failing to deliver the agreed quality


0
Q: We bought a property in a project from a developer at a premium price of AED 5.4 million. Handed over was in January 2019.
We signed off the snagging as prima facie everything looked okay. Once the tenants moved in, the nightmare began. Not a day has gone by without a major issue surfacing.
Recently the switchboard caught fire and could have led to a major fire harming the tenants.
Anyway, I want to know how we can proceed to escalate the issues against the developer for not delivering as per the SPA by using cheap materials, cutting corners in fittings, structural flaws.
I just want to make sure that the developer does not get away with shoddy work. They should not take any customer for granted or for a ride and have such a callous attitude. We don't want our fate befalling others.
Appreciate the legal thoughts on the best approach to proceed with ensuring that the developer honours commitments and that proper quality check performed by the developer before handover.
Thanks in advance.



Jul 17, 2019
900
Termination of sale and purchase agreement for breach by developer
3
Q: I am in a situation where I have purchased a property and paid Oqood and DLD last year Feb 2017. The agreement was supposed to be ready by the 2nd quarter of 2018.
However, without communicating the developer says it will be ready by the 2nd quarter of 2019. I found this is on his site.
I have paid 30% of my payment by Feb 2018, and now a situation like job issues are going on. I need to cancel my unit.
What are the options? please let me know.
I think after December, my contract is not going to be renewed. So I'm in a big problem.
Please help me

Dec 20, 2018
1136
Can the developer cancel a purchased apartment after delay in handover?



0
Q: Hello,
My father purchased an off-plan apartment from a developer in 2008 and paid nearly 50% of payments of the total approx. AED 1.2 million.
The developer promised to complete the handover within one year; however, the project stopped and was completed in 2018.
The developer sent us a notice demanding the remaining amount to complete the handover; however, the market value of the unit purchased has halved since the time of acquisition.
The developer has also canceled the unit through the property termination procedure in Oqood. My father has since passed away.
What are my options to dispute this and have the developer refund my father's money?




May 26, 2021
469
تأخير المطور تسليم شقة لمدة اثني عشر عامًا
1
س: السلام عليكم،
اشتريت شقة بدبي على الخارطة عام 2005 من مطور عقاري معروف على أساس التسليم عام 2008 ولكن تأخر استكمال بنائها لغاية 2020 وقد دفعت ثلاثة أرباع القيمة وبقيت دفعة التسليم.
هناك بند غرامة تأخير ولكن المطور لا يعترف بذلك ويدعي وجود ظروف قهرية آنذاك وأنه اضطر لرهن العقار مدار البحث للحصول على قرض من البنك ويصر على كامل المبلغ ليتم التسليم.
أرشدوني ماذا أفعل لاسترداد حقي بعد هذا الانتظار الطويل؟
علمًا بأن القيمة السوقية للشقة حاليًا تقل عن المبلغ الذي دفعته للمطور حتى الآن؟
ولكم عاطر التحية!

Nov 24, 2021
144
تأخير تسليم الوحدة السكنية والمطالبة بضريبة القيمة المضافة

2
س: السلام عليكم،
اشتريت وحدة سكنية من مطور في دبي سنة 2014، ووقت التسليم حسب العقد هو 2018، لكن بسبب تأخر تسليم المشروع إلى اليوم في ٢٠٢٢، طالبني المطور بدفع ضريبة الفات (VAT) كاملة رغم أني اشتريت ودفعت غالبية المبلغ قبل إقرار قانون الفات.
أدى تأخُّر المطور في التسليم، حيث أنه لم يُسلِّم الوحدة في بداية 2018 كما مكتوب في العقد، أدى ذلك إلى المطالبة بضريبة الفات.
هل يحق للمطور المطالبة بالضريبة؟
علمًا بأن الوحدة السكنية شقة فندقية.


Jun 29, 2022
153
Legal blog
1 available 1 • View allماهية وأهمية الإخطارات والإنذارات القانونية 7
الإخطار أو الإنذار القانوني هو إجراء قانوني يتم اتخاذه من قبل شخص أو منشأة أو كيان يدعى (المنذر- المخطر) بناء على نص قانوني أو اتفاق عقدي موجه إلى شخص آخر يدعى (المنذر إليه - المخطر اليه) لإبلاغه او إخطاره أو تحذيره باتخاذ إجراء قانوني معين أو تقديم شكوى قضائية ضده في حال لم يتم تنفيذ ما تضمنه الإنذار القانوني خلال المدة الزمنية المحددة به.
Dec 8, 2023
356
Laws & Regulations
6 available 6 • View allFederal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.
Dec 15, 1985
148341
Law 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
4814
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
5113
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
3110
Federal Law No. (15) of 2020 on Consumer Protection 0
The provisions of this Federal Law, known as the "New Consumer Protection Law", govern Consumer Protection regulations in the United Arab Emirates. The New Consumer Protection Law repeals the previous UAE Consumer Protection Law (Federal Law No. (24) of 2006 on Consumer Protection).
Nov 10, 2020
584
Cabinet Resolution No (12) of 2007 Concerning the Executive Regulations of Federal Law No (24) of 2006 on Consumer Protection 0
The provisions of this Cabinet Resolution No (12) of 2007 Concerning the Executive Regulations of Federal Law No (24) of 2006 on Consumer Protection.
Mar 29, 2007
202

Premium
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View allCan 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:
Unauthorized Access: The company is accessing her AECB report without her consent. She has never given permission for them to retrieve or view her personal financial information.
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?
Apr 8, 2025
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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
I was evicted from my apartment after living there for five years. My landlord informed me a year in advance that the lease would not be renewed because he intended to sell the property.
Prior to this, he attempted to impose a rent increase that was not compliant with RERA regulations, which I refused to accept. He then served me with an official Dubai Court eviction notice, citing the need to take back the property for sale.
Five months after I moved out, I discovered the property was rented out at a much higher price. Upon further investigation, I found that the ownership was transferred as a "Gift" rather than a sale.
This makes it seem like the eviction was only to raise the rent rather than a genuine need to sell.
Do I have a valid case for wrongful eviction against my landlord?
Also, under Dubai law, does transferring ownership as a "Gift" hold the same legal grounds as selling in justifying eviction?
Dec 18, 2024
85
Can I file a case for cyberbullying or defamation after my ex-wife's abusive messages? 0
Hello,
My ex-wife has abused me in chat and called me the following: illiterate, beggar, and said that I don’t have [------].
She called me a bad parent and a bad son.
Can I file a cyberbullying, defamation, or abuse case against her? What are my options?
Jan 3, 2025
100
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.
How can I follow the civil case there?
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.
Dec 24, 2024
47
Seeking justice and compensation for wife's loss due to medical negligence during childbirth 0
Dear Lawyers,
My relative lost his wife during childbirth due to clear medical negligence, as stated in the report from the DHA medical committee.
He had to relocate to India due to the situation and is currently working there.
Please guide us on the steps to take for justice and compensation.
Dec 19, 2024
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Other answers by
5 5 answers •
View allThe right action after cancelling the project of a purchased property 0
Hi,
I have purchased a property in Dubai in 2014 and was promised for handover after 6 months, but didn't complete.
In 2018, the property was ceased by the land dept but the project where we had our unit was 90% complete so it was not cancelled and now they gave it to a new developer to complete it and hand it over.
We were told by the land dept now to contact the new developer for registration and handover. Now almost 2 months passed we have sent multiple emails to the new developer but no response from them. Not even acknowledged.
What should we do in this situation?
We have paid the full amount.
Oct 20, 2020
390
How to evict a tenant who is abroad and does not pay the rent? 0
Hello,
I wonder if you can help me out.
Basically, I appointed an estate agent for my apartment. They signed a one year contract with the tenant. The tenant is out of the country now. The first-year contract finished in February this year.
He did not renew the contract although he was saying that he will come to pay arrears and sign a new contract. Now he said he doesn't have any money and is not coming back.
My estate agent is telling me that I can't get into my property because the tenant may claim he had valuables in the apartment.
What can I do?
Oct 14, 2020
524
Compensation in lieu of notice period in case of reducing the agreed term 0
Dear Jassim,
I am an employee with a private firm on an unlimited contract. I have resigned and my contract mentions a notice period for 60 days, however, I want to serve only 30 days due to other issues.
The company force me to serve full 60 days period. Can I use "compensation in lieu of notice" and pay for the 30 days notice or can they company (if they want) still put a one year ban on me?
Regards
Oct 7, 2020
404
Outstanding loans in the UAE while the person is not a UAE resident 0
Hi,
I worked for 13 years in the UAE and I have an excellent record with the bank. The company where I worked shut its operations effective Dec 31, 2019.
I was lucky however to have found a job in Bahrain where I am currently residing. I have a personal loan and an outstanding of about AED 300 000.
With my current salary in Bahrain, I am not able to pay the full monthly installment which currently is about AED 18 000 since my salary in Bahrain is 43% less than that of the UAE's.
I have not defaulted so far, I have kept some money at the bank and I wired an amount from Bahrain, but at the end of this month, I will not be able to pay anymore the full amount.
Is it fine if I pay half of the amount on a monthly basis? If I do this, will the bank still file a case against me?
I have contacted and emailed the bank countless of times to restructure the loan, but since I do not have a UAE resident visa, the bank is rejecting this possibility.
Please could you clarify the legal part of this dilemma?
Thanks!
Oct 5, 2020
1077
Writing a will in the UAE by married Muslim expats 0
Hi,
We are Jordanian married couple living in Dubai, and we have 2 queries:
1. As we don't have kids, we would like to write a will. How can we do that and what are the procedures? (P.S: We are Muslims)
2. My husband bought a property in Jordan and he would like to put it under my name, as it is challenging to travel to Jordan considering the situation, can we do the procedure here in Dubai?
Thanks!
Sep 30, 2020
356

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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
1572
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
715
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
2533
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
541
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
306
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