Questions & Answers
Questions & Answers
3 available 3 • View allDelayed property projects and the right to exit the SPA
3
Q: Delay in property completion and need for cancellation and exit from SPA
Hello All,
I booked for an off-plan property in Downtown Dubai by a leading builder. The completion date was June 2018. However, the property was not completed in June of 2018.
I received a note in April 2018 citing the new completion date would be Dec 2019.
Since the completion date is well over the stipulated grace period in SPA, I had requested the builder for a friendly settlement by cancelling the SPA and refunding the money as per the default by vendor clauses in the SPA.
This has been refuted by the builder and repeatedly says that they cannot cancel the SPA and neither can they refund the money. What are the options available?

Mar 21, 2019
1850
Refund case against the developer for project over-delay
0
Q: We are based in England, and we have invested in one of the projects called Lawns III at Jumeirah Village, Dubai in April 2009.
We paid about AED 448335 to a company called DEC LLC, P.O. Box 333876, and came to know that the project did not even start.
Now, we are chasing to get the refund with no answer from them and would like to know our right to get the refund in full with no delay.
Could you also provide me with legal help in order to submit my case?

Jan 10, 2018
1925
Default in fulfilling obligations under off-plan property purchase
1
Q: I bought an off-plan property In Abu Dhabi and have paid some percentage as part of the flexible payment program for the down payment.
However, no sale and purchase agreement has been provided to be signed by both parties.
Construction did not commence and recently, the entire project has been moved to another developer.
I have been contacted by the new developer and was told the project construction start date is indefinite.
Based on this, can I get a refund as I only have the reservation agreement and no contract has been signed, plus the project has not started which will definitely not be completed in time (even with a six months delay allowance)?

Jul 17, 2018
1115
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
4823
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
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
5121

Other answers by
71 71 answers •
View allThe tenant's right to refuse visits of potential buyers without prior consent 0
I am the owner and have legally notified my tenant regarding my intention to sell and have given her first right of refusal.
But she is not signing nor allowing me access to arrange visits for other interested clients.
What are my rights / legal steps to force a viewing
Feb 17, 2021
9712
The developer refuses to pay the money back after delivery delay due to force majeure 0
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?
Feb 17, 2021
619
Overstaying because a family member is tested positive for COVID 0
Our residence visa grace period expires soon. Because a family member is positive for Covid-19 and he is in-home quarantine, we are unable to fly within the grace time. What should we do?
Will we be fined?
Please guide!
Feb 17, 2021
771
Cancellation of a property purchase and refund for over-delay in handover 0
Hello
I am contacting you from London. I have purchased a property in Dubai in a project in 2005. We purchased two apartments and today we have not received anything yet.
This construction project is still going on and the developer has changed many times. Another company now runs the project, and whenever I contact them they say it's going to be ready in the next 3-months or 6-months.
It keeps postponing work are currently at standstill. I have contacted them then and the same they're waiting for more information from the Dubai authorities.
Every time there's a different story, and we get delayed. It's now been 16 to 17 years since we have invested in this and I would like to put a stop to this now, possibly get a refund and compensation.
Could you please help me by advising me what my situation can be?
Feb 1, 2021
826
Can a father claim the custody of daughter when the mother marries unfit person? 0
My wife and I got divorced 3 months ago, she has custody of our 6-month old daughter.
She wants to remarry but I disagree with the person she wants to remarry as he has a history of violence and abuse.
Can I have the custody agreement revoked?
Mar 26, 2022
718

Other answers by
213 213 answers •
View allWhen to claim an inheritance in Dubai while being abroad and which law is applied ? 0
Dear sir/madam,
I would like someone to be honest with me. I am in the UK. How long have I got to claim inheritance in Dubai?
I was reading in the Gulf News that the laws of the country of the deceased at the time of death can be applied regarding the will.
Is this true or false? I am really looking for these two questions to be answered first. Can anyone help me with this, please?
Mar 25, 2022
413
I seek to cancel a purchased property and get refund for delay in handover 0
Dear Advocate Sweta Singh,
I am from India and in Sep 2018, I purchased an apartment in a hotel. The hotel has not been completed and the delay is more than a year.
They have not paid any compensation as per the contract, nor do they talk about it. I have paid more than 80% in installments and paying it regularly.
Please help me, guide me on how to cancel the deal and get a full refund, or any other way which helps me recover my investment.
Regards
Mar 9, 2022
344
Is it possible to apply a will issued in South Africa in the UAE? 0
Dear questioner,
My father (Muslim) has passed away in South Africa. He leaves behind 4 children, his wife (our mother) and his own mother.
He had a will for South Africa in which, I (oldest son) am executor. The will does state that it encompasses all property and assets wherever they may be.
He has various properties and assets in the UAE. My questions are:
1. Does his will have power in the UAE or will it be divided by Sharia?
2. What documents are required to wind up his estate?
3. What is the wind-up process within the UAE?
Feb 22, 2022
462
How to access the bank account of my son who passed away recently? 0
My son tragically died in Dubai and his salary has been paid into a UAE HSBC bank account.
My daughter also lives in Dubai and has an HSBC account.
How can I access my Son's bank account, please?
I live in the UK.
Feb 17, 2022
368
How can we access the bank account of a deceased person? 0
My uncle died 2 weeks ago in one of the private hospitals here in Dubai.
We have already completed everything regarding the repatriation of his body with the help of his employer and his remains are already sent back to our home country last week.
He used to give me an access of his ATM card before and I tried to access it just few days ago and I found out that there is some amount of money left on his bank account.
I am aware that he has some pending bank loan requests before he died, so I am afraid that amount might be the reason of such big amount.
Being the only family member of my deceased uncle, what should I do in order to make sure that the amount is from his savings and not from his bank loans?
In case the amount is proved to be his own savings, is there any chance for me to get the authorization to claim that amount from the bank to be used by his family?
He has a wife with 3 kids back home.
Thanks a lot in advance.
Feb 10, 2022
277

Other answers by
313 313 answers •
View allCan the landlord request the tenant to pay the chiller in the middle of the contract? 0
I live in Dubai Marina, and the landlord claimed that according to new Dubai Land regulations, the chiller now has to be paid by the person occupying the apartment.
Even though my contract says that the landlord should pay the chiller, they want to implement this mid-contract.
I understand that the terms upon renewal will be renegotiated, but on what grounds can they implement the change mid-contract?
Does a new DLD regulation precede a tenancy contract? Moreover, I am receiving a disconnection notice from the chiller company due to non-payment.
What can I do if this happens?
Please advise.
Mar 23, 2022
1580
Can I travel with a non-paid telecom bill in the UAE if my visa is canceled? 0
Can I travel with a non-paid telecom bill in the UAE if my visa is canceled?
Feb 16, 2023
724
Does the new property owner have to sign a new contract with the tenant? 0
Hi,
I'm a new landlord of the property which is already rented.
Kindly advise, do we have to sign a new tenancy contract with the tenant for the remaining period? And who will pay the cost of Ejari?
Feb 16, 2023
2554
Cleaner's resignation with 30-day notice in incomplete contract 0
Hello,
Good afternoon!
My friend works as a cleaner for a cleaning company and she now wants to resign with a 30-day notice. However, she has not completed the two-year contract and has only served for 16 months.
Additionally, she has not taken any vacation leave. The sad part is that when she signed the offer letter, she did not receive a copy of it and only signed it.
I would be very grateful if you could let me know if she would have to pay or if her boss has the right to not accept the resignation if the notice period mentioned in the offer letter is more than a month.
Her boss has not provided her with any kind of proof that she can use in the future if anything happens.
Feb 13, 2023
547
The ownership of a code of a web application 0
Hello,
I represent a tech-based marketplace company registered in a Freezone, in the UAE.
This is in regards to the UAE's law regarding the ownership of code when there is no clause mentioned in the agreement. One of our products (web application) is being developed by an agency in the UAE.
While we do have agreements in place, there is no clause regarding ownership of code. In the situation mentioned above, I've heard that the ownership of code either goes to the author or the agency that employed the author. Is this true?
Your assistance and help would be of great help.
Sep 7, 2021
307

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
688
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
1405
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
799
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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