Questions & Answers
Questions & Answers
7 available 7 • View allSuing the developer for refusing to hand over the property
2
Q: Dear,
I bought an off-plan property from a developer in 2007 for which I have an Initial Contract of Sale with the Dubai Land Department (Contract no: ------------).
As per the Dubai Land Department (in writing) they mentioned that by now, the project is finished and I should have been issued the title deed which is already registered under my name.
However, the developer claims (verbally, not in writing) that the project was cancelled. The developer now proposes (verbally, not in writing) to refund my money rather than hand over the apartment.
I believe what happened is that after we signed the contract, the developer decided to change their plans and re-sell my apartment to another buyer for a higher price without my approval.
I want the developer to honour the contract or compensate me in line with the current value of the apartment I bought. It is being sold currently at a 70% premium compared to when I bought it.
The Land Department suggested to take up this issue with the Dubai Courts.

Apr 8, 2019
778
Terminating the SPA and claiming refund for changing specifications



2
Q: Can a developer change the layout of the building as shown at the launch event and part of all brochures/online advertisements/model under the pretext that the same is not included in the SPA?
For the launch, we got convinced with the building design and layout but at delivery, it’s changed without prior intimation.
Can I make a legal case or can they take the guise that it’s not part of the SPA?
Can I get a refund for the 30% advance payment and refuse possession of the unit?




Jun 8, 2020
702
Termination of SPA due to handover delay by the developer
0
Q: Hi
I purchased my apartment was in 2017 and supposed to have delivered to us. In December 2018, it was delayed indefinitely.
The Builder is dragging the completion of the project and also no communication whatsoever is forthcoming from their end. This has added a lot of financial stress on me and my family in this challenging time.
We had already paid more than 45% down payment & continue to pay rentals at another place too.
Under the circumstances, we want to withdraw and get our payment in full from the Builder with possible compensation (interest) to cover my loss of interest and to also to pay for Legal/Lawyer cost...etc.
Please advise
Thanks
Best Regards
S. S.

Jul 4, 2020
368
Developer's delay and receiving complete refund
0
Q: Hi,
We had purchased a villa in a community a few years ago and it has been nearly 3 years of delay in addition to heavily advertised amenities at that time are being canceled like the Dubai rainforest.
They've been extending it constantly whenever the handover nears without an explanation as to the reason for the delay. I want to know if you know similar cases; how may it be handled? I am aware of mandatory compensation but is it possible to back out/receive a complete refund?
Thanks!

Aug 26, 2020
113
How to deal with changing an off-plan flat's specifications?

1
Q: I had booked an off-plan flat in 2017 with a park view.
I received notice in November for the handover. The developer had asked for PDC's (balance 70%), Dewa, and district cooling receipts for the snagging and handover.
I had given the PDC's and receipts. The flat which was shown to me had a road facing. I had already complained to the management about this.
Kindly advise my rights and the course of action to safeguard my investment!


Jan 19, 2021
239
Claiming the amounts paid for a property for breaching obligations by the developer
0
Q: Hello
I've booked a unit X (and paid 10%) in a tower C of a Project of 3 Towers (A, B & C) on the basis of a swap to another unit Y in Tower B when the latter is commercialized.
There was a confirmation from the sales manager in Whatsapp for this arrangement. When Tower B has been launched, the sales manager requested me an additional 2% to secure the swap to Unit Y which I've paid (communications in Whatsapp).
After that, he told me that the swap can't happen based on a newly revised policy when the new unit should cost at least 1.5 the already booked unit. I've explained my case to CRM with no follow-up until now.
I've not signed any SPA yet and I didn't get yet the receipt of the last 2% sent to the new unit Y.
What can I proceed with in case I want to secure the swap to Unit Y in Tower B?
As well I want to cancel the whole thing?
Thanks in advance for your advice.

Feb 28, 2022
168
What can I do if the developer canceled my unit and did not refund my deposit?




3
Q: Hi,
I paid a 24% deposit and 4% DLD and my SPA was voided the next day after I signed the SPA.
After many emails and telephone calls to the developer, I was told that due to some issues with the booking, they could not proceed with the unit I booked.
They were offering an alternative unit about 20 floors lower or a bigger unit at a higher price. Both alternatives were not acceptable.
The developer then said that they would cancel and refund the money. I was waiting for their email to confirm this and was wondering what I could do if the developer did not return all the money.
Regards





+6
Feb 13, 2024
336
Laws & Regulations
4 available 4 • View allExecutive 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
5121
Federal 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
148357
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
4822
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
3113

Premium
Other answers by
177 177 answers •
View allHow to liquidate a free zone company after the death of one partner 0
I am a company owner In Shams free zone of 50 per cent share and have a partner visa. My partner was a Russian who went to Russia and died.
When I went to the free zone to cancel my visa and close the company, they have asked me to get his attested death certificate and NOC from his heirs.
The problem I am facing is his family doesn’t want to give the death certificate nor they want to give NOC. Now my resident visa validity is over and I am on fine every day.
Neither the free zone is cooperating nor the partner's family. What is the other way I can cancel my visa and close the company?
Can someone guide me, please?
Apr 19, 2021
686
How the objection of a client be dealt with after being notified for termination by DLD? 0
I have been notified by DLD that I am in breach of an off-plan sales agreement, and the developer wishes to terminate the agreement.
The date on the notice is March 9, 2021, and I received it from the developer on March 11, 2021. The notice says I have 30 days "from the date of being notified" to make the outstanding payment.
On the termination notice from DLD, a list of objections is present. One of the objections states that the developer must hand over the final SPA to me.
In this case, I have not received the final SPA from the developer. I made an objection in writing to the DLD pointing this fact out and sent it via email, and received a confirmation of the same from DLD by return e-mail on April 6, 2021.
30 days from March 9th is April 8th, or from March 11th is April 10th. Does the developer have to respond to my objection before the DLD will allow them to terminate the agreement?
In this case, will the time I have to make the payment be extended by any period?
Apr 19, 2021
1402
Opening a trustee with wife and signing a postnuptial agreement 0
I would like to open a trustee with my wife and sign a postnuptial agreement.
Apr 19, 2021
448
Closing a business while the local service agent is not reachable 0
Hi,
We have a professional services license (2 partners) + 1 local service agent registered with DED, Dubai.
The partners wish to close the business because of unavoidable circumstances. We wish to proceed with all the necessary paperwork for cancellation.
Unfortunately, the local service agent is not available. We have been trying to connect to him multiple times but have not been able to reach him.
The due date for the renewal of the company is coming up and we want to proceed with all the paperwork for cancellation prior to that.
Kindly advise us about the options if the local service agent is unavailable.
Apr 19, 2021
798
Returning to the UAE to run business after being convicted with a crime 0
Hi,
I want some information regarding my uncle. He was arrested in November 2015 and was in prison until 13 June 2016 when he was deported to Pakistan.
The reason for the arrest was that my uncle had his own business in Sharjah and he was involved in a case where his employee accused him of attacking him and other allegations. He was arrested and convicted.
He needs to reenter the country as he has his business in Sharjah but I believe he is blacklisted/banned. How can I find out if he is blacklisted/banned and how can it be removed to allow my uncle to reenter the country and take over his business?
Is there any way of helping to resolve this issue?
I know that if he enters on a visa, he could be arrested at the airport, and don’t want that to happen.
Thank you!
Apr 5, 2021
498
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