Questions & Answers
Questions & Answers
4 available 4 • View allSeeking compensation or cancellation for delay in property delivery


15
Q: I've purchased an off-plan property in Dubai which was due for handover in Dec 2017 but still incomplete (approx. 80%).
70% has been paid from a purchase price of 1.8 million. Am I entitled to compensation for the delay or can I cancel the purchase in its entirety?
Thanks



Jan 23, 2019
14825
Termination of an off-plan property contract for delay in delivery
0
Q: I bought a one-bedroom apartment in 2015 for AED 1.04 m with a completion date of June 2017. I had paid 40% of the price, and 60% (AED 625,000) was to have been paid on completion in two years (2017).
The project has been delayed significantly, and when I visited the apartment at the end of Feb 2020, it was not ready.
The developer now claims to have received the BCC from the Dubai Land authorities and hence wants full payment of the balance AED 625,000. They claimed the property is ready for handover, but it needs work to be habitable.
I am a British citizen, and my own situation has changed in the five years since. I kept the 60%, but since then, my financial situation is such I no longer have the 60% of the fund AED 625,000 to pay them.
I can't get the remaining as a mortgage for as an expatriate, I can get a maximum of 50% of the value which is now only AED 750000 max.
How can I get compensation and my money back from the developer?

May 17, 2020
618
Terminating the SPA of an off-plan property when the project is almost completed
5
Q: What is a probability to terminate an SPA with the developer in Dubai through the court if:
1. ACD was Q1 2017 + 12 m
2. Based on inspection of 02/2019, the project is complete over 93%
3. It is possible that the project may complete before or during the claim process but it is also possible that the project may be delayed further at least for months
4. According to the SPA, “the Seller shall not be considered to be in default or in breach of its obligations … to the extent that performance of such obligations is prevented … due to Third Party delays … or because of the time extension given to the Main Contractor by the Consultant Engineer .. for reason whatsoever”.
Although it is likely that the delay has been caused by the Seller or due to reasons within its control (e.g, delaying payments to the Contractor), how can the Claimant access such evidence and does it matter given points 2-4?

Sep 3, 2020
794
Legal steps to file a compensation case against developer for misleading information


1
Q: Filing a case against the developer for compensation due to misleading information, delaying the completion and handover.
I would like to see what are my chances to get compensation for all the misleading acts that the developer has done so far and also delaying the project.
Thank you.



Feb 18, 2021
611
Legal blog
1 available 1 • View allWhat is Force Majeure & How Does it Apply During COVID-19 in the UAE 0
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.
Feb 11, 2021
547
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
4851
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
3138
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
5148

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