Questions & Answers
Questions & Answers
5 available 5 • 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
14831
Cancellation of an off-plan property contract due to delivery delay

2
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


May 11, 2020
1543
Terminating a property SPA with compensation for delay in delivery
0
Q: I bought a property in Abu Dhabi and the completion date as written in the agreement is in 2014 and the project has not been finished to date.
I have contacted the developers several times and met with them and they keep failing their promises.
What do you advise, should I file a case to terminate the Sale & Purchase Agreement (SPA), can I claim for compensation for the delay?

Apr 17, 2018
1072
How to terminate a property SPA for delay in handover and request refund



1
Q: Hi All,
I bought a property in Dubai in May 2018. The timelines are mentioned below.
Dec 2017: the project was commenced.
May 2018: I bought my property (30% Paid and 70% Mortgage (upon completion))
March 2021: (66% project completed as per the RERA website).
As per my SPA, the project completion date was Dec 2019.
2020 being a force majeure year I am not sure if we are supposed to count that in the compensation period.
Other than that I wanted to know what kind of compensation should I expect and in what form (rebate on the property or cash).
I wanted a solution for 2 aspects.
1) Compensation
2) Terminate the contract.
Your inputs are highly appreciated.




Mar 24, 2021
517
The right to terminate SPA and claim refund & compensation for delay in handover


0
Q: Hello,
I bought an apartment in Dubai and made payment installments based on progress. In total, I paid 50% of the price.
Per the SPA, the anticipated completion date is 31/12/2019 and till now the project is not complete and it will take at least another 12 months. The developer has a grace period of 12 months which has already expired.
The force majeure clause is very short and doesn’t indicate any specific cases of FM situations.
I would like to terminate the contract and recover the 50% down payment plus compensation for damages caused by the delay.
Please provide input on the merit of my case and let me know how I should proceed.
Thank you
MZ



Aug 24, 2021
442
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
549
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
4863
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
3145
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
5157

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