Questions & Answers
Questions & Answers
7 available 7 • View allRefund of an off-plan apartment payments for delay in handover



2
Q: I bought an off-plan apartment a long time ago and paid almost 80% of the property value per my contract. Unfortunately, the developer couldn't manage to deliver it on time and transferred it to another developer 4 years ago.
The apartment is not ready by the second developer yet and they say that it might be ready by 2024 (Per our contract it should have been completed by 2009).
I called the second company and asked them to terminate my contract but they told me that they are not responsible for it and I need to contact the first company.
I also sent a couple of emails to this company (the second one) but they didn't reply to my email.
How can I get my money back?
What is the legal process in the UAE for such a case?
Thank you!




Mar 22, 2020
937
The buyer is unable to handover the salon after paying a down payment, what to do?



1
Q: Thank you in advance for this platform which helps others. My wife paid a business owner a down payment of 45,000 AED for a salon that they are selling. This was in December.
The owners signed an agreement that they will hand over the documentation and tenancy contract to us. They gave us the key to the unit as well since the salon is closed.
Due to an issue with their property management, the handover was delayed and they missed out on several deadlines that we have an agreement on in writing.
They gave a security cheque of 45,000 AED as a guarantee with a promise in writing that if they don't hand over the business, we can encash the cheque.
It has been 3 months since they committed to hand over the business, They are not answering calls and are not cooperating. We want to deposit the cheque. If it's bounced, we will bring it to the attention of the police.
May we request your advice on this situation!




May 17, 2021
301
What can I do if the property selling agency denies MOU terms?



0
Q: I am the buyer of a property and I signed MOU with an agency.
One of the MOU clauses was “if the property valuation is less than the selling price, then the MOU is null and void”.
The valuation came less than selling price and the agency is refusing to give the cheque back.
What can I do?




Jul 18, 2021
684
How to protect your rights when you buy a property on mortgage
1
Q: A property seller intends to settle their property mortgage with their bank before selling the property to me.
In other words, the seller said they wanted to go to their bank, wire the outstanding balance to their bank, and wait for the mortgage settlement confirmation letter by the bank.
How long does this process usually take in the UAE? Are there any delays by the banks?

Nov 2, 2021
308
Getting a higher offer for selling a property after signing an MOU. What to do?


2
Q: Dear sir/madam,
I wanted to sell my property. I signed an MOU and the buyer paid a deposit. I got a higher offer for my property and the agent is saying that he will block the property if I do not obtain an NOC.
The MOU runs out in 5 days. Will I have to pay a penalty? Or can I just let the MOU expire as it is not attested?
Thanks!



Oct 21, 2022
735
Obliging the property owner to be under the property management of the developer


1
Q: Dear sir/madam,
The price of a property is 50% paid and it is under a post-payment plan. The developer is obliging the property owner to be under the property management of the developer.
Is this lawful in Dubai Land Department?
Does the owner/buyer have no right to choose another property management company to rent it out?



Oct 19, 2022
177
Complaining to Land Department about poor communication on an India-based project




1
Q: Dear Lawyers,
I have been paying for a project in India through a real estate company located in Dubai (under DED).
There is no proper communication regarding the project status despite follow-ups, and the staff is not available to meet at the office.
Can I file a complaint against them with the Dubai Land Department?





Aug 21, 2024
62
Laws & Regulations
1 available 1 • 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
148350

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Other answers by
342 342 answers •
View allHow can I vacate my tenant if the rental agreement ends before the eviction notice deadline? 0
My Dubai tenant's rental agreement is ending by the end of September 2024 and the completion of 12 months of legally served Eviction Notice is the end of December 2024.
I have two questions:
(a) Can I send a rent increase notice 3 months before as the rent has increased as per the RERA rent calculator?
(b) The second question is, do I have to renew the rental agreement for 3 months (until December 2024) or not?
Thank you.
May 1, 2024
268
How can I reach a settlement with the bank for a mortgage of a jointly owned property? 0
I have a jointly owned property in Abu Dhabi. The mortgage was defaulted on as I had to leave the property with my children following an assault by my ex-husband. He left the country in 2018 and never paid the mortgage.
As I was in the country, the bank filed a criminal case against me, and I was sentenced to 3 years. I won the appeal against the bank and then filed another criminal case a few months later in Dubai. Again, I won and paid a fine.
In 2019, the bank started a civil case against me and my ex-husband to have the property repossessed. However, at the time of the purchase of the property, there were no Title Deeds, the bank requires this.
I cannot give them the Title Deeds to sell the property and pay back the amount owed to them as my ex-husband refuses to provide a POA. The bank has filed another criminal case against me only for our jointly owned property.
I wish to resolve this and pay off the bank and receive any money left from the sale. How can I resolve this issue of the Title Deeds?
Oct 4, 2022
282
The procedures for filing for divorce on mutual consent 0
Dear sir/madam,
I am separated from my wife due to compatibility reasons. We got married in the Indian consulate in Dubai on December, 23rd.
We would like to file a divorce on mutual consent as soon as possible. May I get some advice here on the procedures?
Sep 13, 2022
674
My previous employer failed to pay my gratuity. Can I file a case 6 months after resignation? 0
My previous employer failed to pay my gratuity six months past now since I resigned, Is it possible to file a case against him after a 6 months period?
May 31, 2022
1275
Can a real estate agency hold a percentage of a property sale until transfer is done? 0
A real estate agency has signed an MOU stating that a 10% security deposit from the buyer and the seller will be kept in the real estate agency and will be released upon transferring the property.
The transfer of the property was blocked due to the court order.
According to my colleagues, the real estate agency is not a trustee and they are not allowed to have taken my security check in the first place, is this correct?
Jun 28, 2021
1264
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