Questions & Answers
Questions & Answers
5 available 5 • View allDemands by property seller for more money and threatening to re-sell
1
Q: Hi,
I signed an MOU to purchase a property.
My seller is now asking for more money and threatening to not sell the property even though the MOU has an automatic extension clause of 20 more days.
What shall I do?
P.S. My mortgage final offer is signed and he is supposed to apply for a NOC which he is not doing.

Nov 3, 2020
568
Refund of a deposit paid by the underage buyer of real estate property
1
Q: I put a deposit down on two "off-plan" properties. I paid a deposit on both and received a reservation document signed and stamped by the developer.
However, at the time of the deposit, I was under the age of 21 which is the minimum age to purchase property in Dubai. Lastly once the deposit was made I never received an SPA or NOC. Have now been sent a notice by Dubai Land Department on the request of the developers for Property Termination procedure. The request was canceled.
I am now trying to figure out how to get my deposit back as I believe since I was underage and no formal contract was presented or signed, the agreement is void.

Jul 31, 2017
693
The developer is delaying the issuance of the title deed


3
Q: It has been more than one year since I have made full payment for a ready to move in property. The developer has not given a date for issuing me the title deed.
I complained to DLD. However, they told me that the developer has already been issued a fine, and now I have to take the matter to court.
I have all the required documents to verify the above said.
I want to know the following:
1) Can I sue the developer and ask him for compensation for the delay in issuing the title deed?
2) Can the developer charge me service charges when the title deed is still not issued?
3) How much (approximately) would it cost me to take the matter to court? Is it possible to have outside of the court settlement?



Oct 21, 2020
2462
The developer did not issue the title deed and mortgaged the unit to a bank

2
Q: I bought a property from a developer. We signed a sale and purchase agreement. The developer informed me that the title deed will be available by the end of the year.
Now the developer is not issuing me a title deed and as per research, the title deed is submitted to the bank and the loan is taken on that by the developer.
So I have two questions:
1. Is it legal to sell the property in Dubai even if this property is already mortgaged by the developer?
2. What case should I submit against the developer as they are not issuing my title deed?
I have a SPA agreement and a written contract mentioned that the title deed would be delivered by the end of the year?


Jan 6, 2021
1003
دفع البائع رسوم الخدمات المستحقة على وحدة عقارية بعد بيعها


1
س: السلام عليكم،
أنا بائع لوحدة عقارية وقد حدث نزاع بيني وبين المشتري منذ عدة سنوات، وأقمت دعوى عقارية لدى محاكم دبي، وفي خلال إجراءات المحكمة بجميع درجاتها كان المشتري يعيش في الفيلا وقد أقرّ بذلك أمام المحكمة، وفي النهاية صدر حكم نهائي بعد محكمة التمييز وقد تم الحكم بتحويل ملكية الفيلا إلى اسم المشتري.
الآن وبعد كل تلك السنوات هناك رسوم خدمات تفرضها دائرة الأراضي والأملاك موجهة إلى اسمي حيث أن ملكية الوحدة ما زالت مُسجلة باسمي لدى الدائرة.
السؤال هنا: هل يدفع المشتري رسوم الخدمات المستحقة أم لا؟
وشكرًا مقدمًا!



Jul 17, 2022
232
Laws & Regulations
5 available 5 • View allDecree No. (56) of 2009 Establishing a Special Tribunal for the Settlement of Cheque Disputes Relating to Real Estate Transactions 0
This Decree establishes a special tribunal with exclusive jurisdiction to settle complaints related to dishonoured cheques which are issued by a purchaser and made payable to a real estate developer, or those cheques issued by those with usufruct rights or with long-term leasehold rights.
Nov 1, 2009
879
Bylaw No. (85) of 2006 Regulating the Real Estate Brokers Register in the Emirate of Dubai 4
This Bylaw regulates the Real Estate Brokers Register in the Emirate of Dubai. No person may engage in real estate brokerage activities in Dubai unless he is licensed by the competent entities and entered in the register, which is maintained by Dubai Land Department.
May 30, 2006
4918
Law 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
4822
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

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Other answers by
26 26 answers •
View allThe rights of an employee who works for another employer upon terminating him 0
Hello sir,
We have an employee who was under probation period on a limited contract and with our company visa. The performance is poor and it is found that he is working for another company (his old work) while working with us.
So the management decided to terminate the contract. Apart from the salary, do we have to pay his ticket fare?
May 25, 2021
310
How long will it take to get settlement from a company? 0
As-salam Alaikum,
My labor execution case number is {.....}. Al Adheed center asked me to get back after 21 days. More than 21 days are completed, but they are still asking me to wait till June 01.
It is still in process. I need to know how long will it take to get my settlement from the company?
Kindly advise me!
Thanks & Regards,
May 9, 2021
1030
What is the required notice period for the landlord to evict the tenant? 0
I recently purchased a property in Springs which is rented till September. I need legal advice on the procedure to send an eviction notice to my tenant as I need to occupy the property for personal use.
As far as I read in the RERA legislation Page 108-110, Article (25) - Section - 2, if the landlord wants to occupy the property for personal use, 90 days notice is sufficient.
But the tenant insists to have a 12-month notice. What are my options and is it possible to send a legal notice to the tenant to vacate the premises at the end of the rent contract?
Kindly advise
Jun 15, 2022
3712
How to claim compensation from a developer for delay in handover 0
Greetings,
The property was supposed to be delivered in June 2018 and is still not delivered. If they actually deliver by June 2021, what are my rights to the compensation?
At the time of purchase, it was a 50-50 payment plan. I paid the 50% at the time of purchase and in September 2019 they came back to me with an offer of a discount of 16% in the final settlement amount.
I accepted and paid the remaining amount as well. Therefore as of September 2019, I have paid 100% of the property value.
With all the financial challenges the delay has brought me into, I want to know what compensation is my right as I am assuming they will not be offering anything or if they do they might offer some waiver in service charges (for 1 or 2 years).
And I am worried if they give this waiver of service charges to everyone, will the property be actually taken care of or no?
Apr 11, 2021
1277
Would a promotion offered with less salary be considered constructive dismissal? 0
Hello,
I am originally from the UK and relocated to Dubai in 2004 when my company established a new office.
I originally joined the same company in 2001, based in the London office. Since then, I have grown with the organization and am in a middle management role.
Recently, the company announced they would downsize the Dubai office, and affected staff would be offered to relocate back to an office in their home country (India) or to the new office being established in Spain.
I have been advised that my present role will be made redundant in Dubai but have been offered a new role in Spain. The new role is seen as a promotion but there are little to no benefits and it's a major drop in salary (basic salary would drop by 40%).
There are no additional allowances. Currently, I receive basic salary + allowances.
I have been in the UAE since 2004 and my options appear to be limited to accept redundancy or a new role with a significant drop in salary. Would this be considered constructive dismissal?
Apr 5, 2021
585

Other answers by
26 26 answers •
View allThe breach of contract with a builder and legal action for delay in delivery 0
Dear Lawyer,
We are 18 landowners 200 yards each entered into a development agreement with a builder on 2/2014.
Then conditions are that the builder in his share of 50:50 can construct flats and sell. With a GPA fraudulently obtained, 18 months time with a grace period of 6 months to complete and handover fully furnished the flats.
In case of delay, a rent of 6000 per month and 3 lakhs refundable deposit are to be paid to each landowner.
The builder neither handed over the flats (60% built) nor paying rent or deposit of 3 lakhs. Electricity meters are fixed on our name and we are all paying minimum charges.
The builder is not responding to our phone calls nor attending meetings whenever called for. The builder sold his share of flats.
Please advise me the best.
L.
Sep 14, 2021
549
How to remove the local sponsor of an LLC company and make it 100% ownership? 0
In accordance with the new FDI law in UAE - Dubai, what is the (steps/cost/requirements/time frame) to remove the 51% shares local sponsor holder, and make it 100% foreign ownership?
Additional info for accurate answer:
- The foreign owner and the foreign manager are out of the UAE, and the only physical - available person is the PRO person.
- The local sponsor is a company with 4 partners,
So, I wonder if ALL of the partners will be required to attend physically for the procedure of the 100% foreign ownership transfer, or only the PRO and the POA person will be enough?
- The concerned company is an LLC Japanese company for water equipment trading, so it will be under the UAE cabinet positive list, right?
Aug 3, 2021
3191
Legal assistance with preparing IP agreements 0
I would like a quote for the following documents:
- IP Assignment Agreement
- Software Development Agreement
- Independent Contractor Contract
- Client Agreement
Jul 1, 2021
393
رفع دعوى مدنية بخصوص شيك مرتد ومن ثم التقدُّم ببلاغ لدى الشرطة 0
هل هناك مانع من رفع دعوى مدنية بخصوص شيك مرتد ومن ثم التقدُّم ببلاغ لدى الشرطة؟
أي هل سلوك الطريق المدني لا يُسقِط حقي في توقيع العقوبة على الشخص الذي وقَّع على الشيك؟
سبب السؤال أن الشركة التي أصدرت الشيك بدون رصيد صدر قرار من الدولة لوقف اتخاذ إجراءات جزائية ضدها مؤقتًا؛ لذلك أريد أن أسلك الطريق المدني ثم الجزائي لاحقًا.
May 18, 2021
448
رفع دعوى عن واقعة سب وقذف بعد مرور ثلاثة أشهر 0
1- هل تُقبَل شكوى أو دعوى شخص عن واقعة سب وقذف إلكتروني (عن طريق استخدام وسيلة تقنية المعلومات) بعد مرور أكثر من 3 أشهر؟
2- في حال أنها رُفِعت للمحكمة وحُكِم بالبراءة في مرحلة الاستئناف من التهمة، فهل يحق لي المطالبة بالتعويض عن الأضرار الناتجة عن هذه الدعوى؟
3- هل المطالبة بالتعويض تتم في نفس الجلسة أم برفع دعوى أخرى؟
May 16, 2021
16997

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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
686
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
1402
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
798
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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