Q: I have made a 20% down-payment against an off-plan property in 2017. The sale & purchase agreement does not include a "Termination/Refund" clause and the property is due for handover by the end of the month. The property value has dropped by 40% and I'm able to only get a mortgage for 80% of the current value. However, due to the current situation and the impact of COVID-19 financially, I'm not in a position to proceed with the remaining instalments. I have to forfeit the contract as the developer has not given me any options for deferral of payment and has declined the request for a delayed handover. Please advise if and how I can get a refund on the 20% amount that has already been paid upfront.

Q: Hi I have 2 properties bought off-plan. Both are overdue. Both are above 90% completed & approximately 6-9 months overdue. I lost my job due to COVID-19 & can no longer fulfil my financial obligations. The properties are with [--------] & [-------]. Is it possible to win a case, cancel the SPA & get my money back? I would like a friendly termination of the SPA which both developers have declined.

Q: Hi I bought an off-plan property from a developer in downtown during the peak time. My payment plan was based on construction with completion being Dec 2019. I have paid more than 50%. I requested the developer to readjust my payment plan as the project is delayed. They moved on payment forward and sneakingly changed completion date to Aug 2021 in the document. The SPA still says Dec 2019. Now I'm struggling to pay the next payment due to COVID-19 and project is completed 56% as par Dubai land department and 60% as per the developer. The developer is asking for payment and calling me every day. My question is can I still use the delay in the project as a clause to cancel my unit? Can I cancel my apartment and how much can the developer deduct? After selling me, the developer started offering customers post-handover payment plans for 4 years, which is very unfair as even if I complete my payment, no one will buy from me as the developer is selling something with 4 years post-handover. Can legal help be provided in this regard?

Q: Seeking legal advice to terminate SPA due to a delay in the project for 24 months. I have purchased 2 apartments from a developer. Details of the project as per the signed SPAs: - 30% paid on time, 70% to be paid on handover. - Expected handover: 1-Apr-2019, Longstop: 1-Apr-2020. The Developer sent an email on 17-Mar-2020 saying that the new completion date will be September 2020 & October 2020 respectively for both apartments due to Covid-19. I met the developer on 2-Nov-2020 informing them that both apartments have not been delivered in September 2020 / October 2020 and asked for refunds. They flatly refused to refund saying that it is not possible and Dubai Court will favor their case due to COVID-19 if I decided to approach Dubai Court. On March 31, 2021, they sent the handover notice for 1 apartment. Question: Do I have a winning case if I filed to court to return the paid amount? I can provide the signed SPA if you need to review the terms and conditions of the signed SPA.

Q: I purchased a property from a developer and paid approx. 16% towards the purchase price. To initiate the evaluation process, the bank demanded OUQUD from the developer and this cannot be produced because the subjected unit is already mortgaged with the bank. This information was not revealed by the developer to me and SPA was issued in my name. Now, they are delaying the handover of the unit because the unit has not been released from the bank. What legal options are available to me and where should I file a complaint against the developer?

Q: Dear Sir/Madam, I have fully paid for and registered a property from a developer. There are no dues on my part. My wife and I own the property, which was registered in 2019. The property was supposed to be delivered in 2020, but the builder has not provided any official information and has only mentioned delays due to COVID-19 verbally. The property has not been handed over to us yet, and their office has not responded to our inquiries clearly. They always say that the property will be handed over in one or two months. My contract includes a late payment penalty and a rental guarantee for two years after the handover. How can I file a legal remedy?

As the world is currently experiencing a major lockdown and suspension of almost all commercial and civil operations, the question arises in the novelty of Coronavirus outbreak on how serious it is to be dealt with as a Force Majeure.

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.