Questions & Answers
Questions & Answers
7 available 7 • View allInability to continue paying the installments of a property because of COVID-19

5
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!


Jun 9, 2020
1544
Terminating the SPA of an off-plan property due to delay and COVID-19
0
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?

Jun 22, 2020
527
Failing to pay off-plan property instalments and terminating SPA
3
Q: I have booked a unit under construction with a developer 3 years ago. I paid 30% during construction and 70% was due since Jan this year.
When I booked the unit, my plan was to get financing from a bank to cover 70% payment because I was working with a semi-government company.
But I lost my job and my credit score went low due to defaulting on financing payments and I could not get financing from the bank.
I have contacted the developer asking them for refund or change of payment plan but they give me instalment plan for 5 years and increased the price which I cannot go for.
I am not in a stable situation with my current job and the company gave me 3 months unpaid leave because of Coronavirus situation.
The developer completed 100% construction and they sent me a building completion certificate in Jan this year and now they are calculating 3% late payment fee every month as per SPA.
Now I do not have any source of income. Can I get refund from developer so I can cover my expenses?

May 5, 2020
2199
Termination of purchased properties after defaulting on payments due to COVID-19



1
Q: Hi there,
We are UK based investors, having purchased 4 off-plan properties in Dubai. Two are completed and ready for handover.
For the other two, construction appears to have been paused for at least the last year. This last year we have not been able to maintain our instalments on all 4 properties, primarily because of COVID-19.
We have now received termination notifications from DLD. We have tried to negotiate some solution with the developer but they seem unwilling to cooperate.
We have also contacted the DLD to explain the circumstances and request an extension but haven't heard anything. What can we do?




Jan 19, 2021
501
Possibility to refund property down payments for handover delay 

0
Q: I bought 2 off-plan properties in Dubai, a 2-bedroom in one project and a 3-bedroom in another.
I paid the Oqood and the 10% downpayment and then due to no financial liquidity, did not pay the payment plan which is 40% up to construction and 60% thereon.
I explained the situation to the developer via email and in-person meetings and I asked them to refund 50% of what I paid or consolidate both properties to make it easier.
Many other options are given but they did not cooperate for over 3 years.
The projects were delayed in delivery/handover. One was delivered later than committed and the other had to be delivered by 30-dec-2020 but even that till Jan 2021 was 68% done.
I have my life savings stuck in this horror deal since 2017 august and want to get out with something in my hand.
What can be done?


Jun 1, 2021
382
Defaulting on paying for a property after purchasing it
1
Q: Dear Ma'am,
I have received a letter from my property developer about defaulting on payment and requesting to pay within 30 days or they "reserve the right to commence legal proceedings to cancel the unit registration from your name from Dubai land departments records".
I am currently arranging the funds to settle this outstanding amount, however, I would like any information regarding the procedure should I fail to pay in exact time and if you think there is any chance to delay by a week or two.
Also if proceedings were to start, what is the expected process?
Thanks in advance for any support!
Regards,

Aug 22, 2021
404
Can I terminate the SPA for delay after the developer starts the handover?
3
Q: I purchased two units in an off-plan project in Dubai in October 2019. I paid 15% each of the total amounts. These properties have been registered in DLD and on my name by the developer.
This project has also been delayed for two years (completion quarter 2020). The aim of my purchase was because it is near Expo 2020, the developer promised me to finish the project before the Expo started and use the units as a hotel.
But Expo has gone while construction was not completed. The construction has been completed two months ago, but the handover is still ongoing now.
Now the developer is pressuring me to pay the balance, otherwise, they will inform the DLD and cancel the unit and forfeit my money.
The valuation of the two properties went down by 25%, and because of this, I can not sell with a huge loss. And I did not use them for Expo as well.
Can I terminate the units although 100% is completed now before the developer starts the termination process?

Apr 11, 2022
312
Legal blog
1 available 1 • View allIs COVID-19 a Force Majeure Event? 10
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.
Apr 7, 2020
2301
Laws & Regulations
3 available 3 • View allLaw 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
4861
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
3141
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
5155

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Other answers by
كيف يمكنني الاستعلام عن قضية إبعاد أمني ومحاولة العودة إلى الإمارات؟ 0
السلام عليكم،
أود الاستفسار بشأن قضية إبعاد زوج خالتي من دولة الإمارات العربية المتحدة. زوج خالتي كان مقيماً في الإمارات وكان قد وُلد وترعرع هناك.
في عام 2013 تم إبعاده من الإمارات، وكان ذلك نتيجة لسياسات حكومية كانت تستهدف مجموعة من المقيمين في تلك الفترة، وهو لم يكن قد ارتكب أي مخالفة في ذلك الوقت وكان يُعتبر ضحية للسياسات المتبعة.
أرغب في معرفة الإجراءات التي يجب أن أتبعها حالياً من أجل رفع هذا الإبعاد وتمكينه من العودة إلى الإمارات.
أرجو أن توضح لي كيف يمكنني مساعدته في هذا الموضوع.
شكراً جزيلاً.
May 1, 2025
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My previous organization has not yet released EOSB because I contacted a client. Is this legal? 0
I recently joined a new organization in the Hamriyah Free Zone, and my previous organization has not released my end-of-service benefits.
The HR has instructed the finance team not to do so because I had contacted one of their clients.
In my DMCC contract, there is no Non-Compete clause, but the offer letter has one, and now they are not releasing the end-of-service.
Is this legal? What are my rights?
Apr 30, 2025
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Can I renew my trade license and visa if I have multiple cheque execution cases filed against me? 0
Hello,
I have multiple cheque execution cases filed against me due to financial strains last year.
My trade license and visa will expire next month, along with my Emirates ID.
Is it possible for me to renew my license and visa along with EID prior to settling the execution cases?
The trade license and visa were issued by the free zone authority.
I look forward to your response.
Thanks.
May 1, 2025
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How to file a case against my former company for unpaid salary I was not on their visa? 0
Dear Legal Advice Middle East,
I hope you are well.
I am seeking legal advice regarding an unpaid salary issue with my former employer, [-----]2 LLC. I was employed with them from December 4, 2024, to January 7, 2025, on a monthly salary of 5,000 AED.
However, I only received a partial payment of 2,473 AED on February 24, 2025. The remaining 2,527 AED is still unpaid.
I submitted a complaint to MOHRE on March 2, 2025, but I am unable to proceed further through their official channels.
This is because I was working under the visa of my previous employer, [---] LLC, and not under [----]’s sponsorship.
As a result, I do not meet the criteria to file a labor complaint via the MOHRE app or hotline.
Given this situation, I would appreciate your guidance on how I can legally pursue the recovery of my remaining salary, considering the complications related to my visa status during the employment.
Apr 30, 2025
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Does filing an online rental dispute by a landlord lead to a travel ban on the tenant? 0
Hello,
Does the initiation of an online rental dispute case by a landlord in Dubai automatically lead to the imposition of a travel ban on the tenant?
This is not related to bounced cheques; the dispute concerns wear and tear versus damage claims by the landlord.
Apr 28, 2025
17
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