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: Seeking cancellation for the delaying property delivery, as developers are not being reasonable. I purchased an off-plan property in Dubai which was due for handover in June 2018 but still incomplete as of May 2020 (approx. 58%). 80% has been paid from a purchase price of 1.97 million, plus 4% DLD fees. After pleading with developers for assistance, I recently got offered 2 x 999,999 AED, properties from the Developer (not ready till first quarter 2021 apparently), plus DLD fees as they would be classed as new sales. I wish to cancel the purchase. Do I get additional rights for a 2-year delay and being under 60% completion? Can I use force majeure (I'm on 75% wage reduction till September due to COVID-19)? Has a law come into play to have additional compensation whilst renting during the delay? (I was advised on June 2019 by the SLC that there were discussions at DLD but nothing official). Can you claim the 4% DLD fees back? Thanks in advance

Q: I have purchased an apartment in a master community project in Sharjah in Dec-2018 with an anticipated apartment completion date of 31-Dec-2020. The developer has announced, through a periodic masterplan construction newsletter, the construction contract award of my apartment phase on Aug-2020 with a new anticipated completion date by the end of 2021. On Nov-2020, the developer sent a Notification of Extension of Anticipated Completion Date E-mail to postpone the anticipated completion date from 31-Dec-2020 to 31-Dec-2021 due to the COVID-19 pandemic as a Force Majeure event referring to the Force Majeure Events and Foreign Delay Events Clause in the signed Initial Sale and Purchase Agreement. As per the initial anticipated completion date, the construction contract award should have been done prior COVID-19 pandemic to be ready for handover on Dec-2020, however, the developer has justified all the delays due to the COVID-19. The intent is to know if any compensation can be done due to such delays.

Q: Hi, I have signed an MOU in the month of April 2021. After signing, I went to India to attend my brother's marriage. I was planning to come back after the marriage but by that time, the UAE government put a ban on travel from India to UAE. The ban just got lifted and I returned in Mid August 2021. Unfortunately, by the time I returned, MOU got expired. Since I was planning to purchase the property on mortgage, I needed to be here in the UAE to complete the transfer. I still have all the intentions to purchase the property but the seller has increased the price which doesn't fit my budget. Now my question is, since the reason for not completing the transaction was genuine, do I have any legal stand in this case?

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.

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.

This Resolution approves the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.

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.