Questions & Answers
Questions & Answers
6 available 6 • View allWhat you need to know while purchasing a new apartment

4
Q: Hi, I am planning to buy a ready apartment in a 2-year-old building.
How can I check for any dues on that apartment, would NOC suffice that the mortgage or any dues are cleared?
How can I check that the seller does not have court cases against him in relation to property?
How do the Service Charges get decided every year, as I understand that it is decided by Dubai Land Department who has defined the Service Index?
Should I hire a lawyer to look out all legal aspects and help me till I get the property transferred to me? If yes, then what is the average cost for this service?
Regards,
Gufran


Jun 5, 2018
1194
The possibility to check the past and present legal cases against a developer
1
Q: Is it possible to check the past and present legal cases initiated by real estate buyers against a developer in Dubai and if the developer executed the court judgments against it?
Can you assist to obtain this information?

Sep 19, 2020
388
Seeking compensation and termination because of delaying property transfer
3
Q: Hello,
I signed a sales agreement for the property a few months ago and in terms & conditions (issued by Dubai Land Department), it was mentioned that the transfer of the property should be done not later than September 1st.
Unfortunately, the seller did not manage to make a transfer until the due date. Until this date, the seller failed to get the NOC from the developer of the property.
What could be my legal action if I would like to terminate the contract because of the failure to transfer the property and get back my deposit?
Do I have a chance to seek compensation in this situation if in MOU it is only mentioned that the ''seller'' agrees to pay the same deposit amount to the buyer as compensation for the loss of the said property, although it is not lost, but the seller did not make a transfer due to his own act of omissions?

Sep 9, 2020
1264
Can a developer make a claim of arbitrary charges?


1
Q: Dear sir/madam,
For a property purchased for AED 757,000/- the developer has sent a notice prior to handover and has claimed:
1) AED 10,000 /- (as admin fee); though the initial representation was utilities + admin will be AED 5000/-
2) AED 33,000 /- (as utility charges); unable to understand what this is for and no supporting documentation provided.
Can a developer make a claim of arbitrary charges?
How is the purchaser protected by law?
How can we force the developer to correct this to only legitimate fees/charges?
Thank you in advance!



Dec 12, 2022
176
Unpaid service charges in shared ownership: Who bears responsibility?



2
Q: Dear Sir/Madam,
I am a 50% owner of a leasehold property. The lease agreement does not specify joint or several liability. It only mentions "xxxx and yyyy" as the lessees.
We have not paid service charges for the last 3 years. The other co-owner left the house 3 years ago and ceased all communications with me. The co-owner is uncontactable.
The management company initiated an RDC execution case against me and my co-owner.
Am I liable only for 50% of the total due amount? Or am I liable for 100% of the due amount? Can you please inform the correct article of law that covers this issue?




Feb 21, 2024
134
Developer asks for full year's service charges despite purchase at year-end. Can I refuse?




2
Q: Hello,
I bought a property from a developer in Q4 2023 and got the keys handed over in November 2023.
They have returned to me to pay additional service charges for the entire year although I purchased the flat from the previous owner in the last quarter of the year.
I sent them multiple emails to explain the reason behind it and to ask them to send any legal statement showing that the new owners are responsible for paying additional fees, though this is unfair from my perspective as I have been the owner of the property starting from Nov 2023.
Some friends told me that they received a letter from their lawyers which they sent to the developer questioning this procedure and refusing to pay this.
Since I don't have such a statement to send to them as well, is there any opportunity for somebody to help me in writing one, hopefully getting the chance not to pay the additional fees?
Thanks!





+2
May 10, 2024
496
Legal blog
1 available 1 • View allMortgage of Movable Assets in the UAE: A Wanted Change 2
The UAE has taken a bold step toward legislating the mortgage of movable assets after it was completely regulated by the Civil Code. The Federal Law No. 20 of 2016 Concerning the Mortgage of Moveable Assets, which came into effect 90 days after it was published in the Official Gazette on December 15, 2016, was a welcomed change by lenders after it gave them the ability to secure their debts with movable assets.
Oct 20, 2018
2038
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

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
689
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
1407
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
449
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
499
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