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?

Q: I have paid about 15% of installments to an off-plan project. However, due to Covid-19, I am unable to keep up with repayments at the time being. I am also concerned that it has been almost 2 years since I signed the contract and no work has started on the project, it seems no progress. The handover was scheduled to be in 2021 but now delayed to 2022. How could I cancel without losing my 15% paid? And if I continue to pay, but I am not happy with being delayed and never starting work, what should be done?

Q: Hi sir, I live in the UK. I am an investor and a broker for a property development company. One of my customers bought an off-plan property from it i.e just Cavalli Villa 2 years ago. 33% was completed and handover is due in 2021. My client paid part of the deposit around AED 390000 (£80000) and she has been paying to the project for the last two years until early this year when COVID- 19 hit the UK. Since then, she has been ill and lost her job and, therefore, she is unable to pay. My customer received a letter from the company saying that if the outstanding amount is not paid within 30 days, then they will take her to court. They say that they would cancel her plot and she will lose all MONEY paid so far. My client needs payment delay until her situation improves but this request has been declined. The money secured under the ESCROW account. Can the developer have the power to take money from the escrow account? What is her right under Dubai law? Can she do anything to avoid court order? The UK is in lockdown at the moment with no proper or normal banking functions. Thank you!

Q: Hi, The ACD mentioned in my SPA is October 2019, the developer further delayed the project to Feb 2020 and later again delayed to September 2020. In August the developer delayed the project citing force majeure clause mentioned and said delayed due to force majeure and delayed it to December 2020 The clause mentioned in the SPA says either party has to inform about the force majeure within 30 days of the force majeure but developer informed only in August. Can I claim compensation from the developer? Legally, they are allowed to delay up to 12 months but can I claim compensation from October 2020 till date? The building completion certificate has now been issued.

Q: I am seeking legal advice to terminate the contract due to a delay in the project for a period of 16 months only. The following is the details of the project as per SPA and some givens: - 30% paid in installments (on time, no delay in payment). - 70% to be Paid on Handing Over. - Expected Handing over date: 1st April 2019. - Longstop date of Handing over: 1st April 2020. - Actual date of delivery announced by developer: 10th August 2020. - Notification sent to the developer by myself to terminate the SPA and return the 30% paid amount. - Developer responded that the notification is rejected as the delay is due to force majeure (Covid-19 Pandemic). Question: Do I have a winning case if I filed to court to return the paid amount?

Q: Hello, We purchased an off-plan property in 2017. The delivery date is Q4 2018. SPA includes a 1-year extension after this date (which would lead to Q4 2019 completion date). To this date, we have received no communication about a new completion date. It keeps getting extended and extended. The online portal says that the delivery is in May 2021. As this seems to be in breach of the contract signed, we would like to know the following: 1. Can we terminate the contract and recover our payments (40% has been made so far, and 60% due at the handover)? 2. The SPA has a clause of Force Majeure in it, but it states that: should an event of Force Majeure occur that delays the delivery, the seller must notify, as soon as practicable, the purchaser and communicate a new anticipated completion date - no such communication has taken place. Can the seller use the COVID 19 pandemic as an event of Force Majeure (even though COVID-19 took place months after the extended completion date expired)? Thank you for your advice!

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.

An interview-format article covering the topic of force majeure in the UAE, in light of COVID-19. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.

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.