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Dubai, UAE

How to obtain the NOC from a developer after paying full price of property

I purchased a flat located in JBR in the secondary market. The developers have not released NOC and make themselves extremely difficult to reach.

Without NOC I cannot register the property in DLD. What are my rights? I paid 100% upfront.

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Al Safar & Partners Advocates & Legal Consultants
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3 Feb 2021, 06:40

Dear Questioner,

You need to send a legal notice, and we need to review the terms of the SPA form in order to assist you properly.

Kindly send us a copy of the SPA at our email, so that we can review the same and advise you properly.

Thanks

Mostafa Alsaeed

Maha Bin Hendi Law Firm
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3 Feb 2021, 13:28

Dear Sir/Madam,

Thank you for your inquiry, Our Firm Maha Bin Hendi would be glad to assist you with your inquiry.

There are several elements that would motivate the Developer to not issue the NOC.

However, to diagnose the issue and determine the proper legal action to solve the dispute, we shall initially scrutinise all related documents to find whether the previous owner of the unit has fulfilled all of his/ her obligations toward the Developer.

The Developer might refrain from sinning the NOC based on the previous owner's breach of the obligations listed in the SPA or there are outstanding dues on the purchased Unit.

Otherwise, if there is no reason for the Developer to issue the NOC, then it would be considered abuse of right by the Developer.

Therefore, we would advise you to send the related documents to our email address mentioning in the Subject email (Prospect Client).

We would like to inform you that the initial consultation is free.

You may also speak to one of our legal consultants on the phone number.

Best regards

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Al Safar & Partners Advocates & Legal Consultants
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25 Feb 2021, 11:48

Dear Client,

Good day!

We can put a request to the Developer via Dubai Land Department and send a letter to them asking them to comply with the provisions by issuing the NOC for you to transfer and register the property in your name.

If such a thing doesn't happen, we can file the case for specific performance and get the NOC issued for you to register the property in your name.

For further assistance, please feel free to contact us at our phone or send us an email.

Thank you.

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