Questions & Answers
Questions & Answers
3 available 3 • View allTermination of SPA for delay in delivery and failing to pay instalments


0
Q: Hello,
I would like to ask a question about real estate. My husband and I recently lost our jobs because of COVID-19. We invested in an apartment for more than 2 years ago.
This apartment was supposed to be completed last year, but it is not even on 50% at this moment. We don't have visa sponsor anymore and we are unable to continue paying for that apartment.
We will have to leave the UAE soon. What are our options for this situation? Can we ask for the return of our investment?
Thank you very much for your help.



Aug 10, 2020
380
Return of a paid investment to a partner willing to quit
2
Q: Hi,
I invested in a hotel business in Dubai with 7 investors including me. the cost invested by all of us was 1.05 million.
One of the investors ran the restaurant full time every day, for 20 months. The guy who ran it full time cheated all of us by not paying us even a single penny in 20 months & made sure the debt goes up above AED 750K.
The other 6 investors don't have any legal proof as we only invested funds. The document owner is the guy who ran the restaurant 51% & the other 49% is on friend's wife name.
He hasn't paid salaries to staff, rent, vendors, vat nothing. We investors even invested additional 300k to pay rent initially, and even that he did not return us. He cheated us.
Now all investors have decided to kick him out & invest more funds to clear the negative 750K. I don't want to continue with these guys anymore, so I want to quit. But they are asking me to quit with zero!
I have invested AED 156500 & they are not ready to pay even one dirham. Please advise how to get at least some of my investment.
Please help.

Nov 28, 2018
454
Possibility to terminate the SPA and claim refund for handover delay

1
Q: Hi,
I purchased an off-plan property in Dubai that had an estimated completion date of August 31, 2020.
I received an email that due to a delay, my completion date has been pushed forward to April 30, 2022. The email they sent for the delay did not say what was the reason for the delay.
Since the developer has violated the SPA by delaying the project past 12 months of the completion date, can I request that the contract be cancelled and get what I have paid back?
Do you believe that the developer could utilize Covid-19 as Force Majeure as a reason for not following the contract?
Regards


Jul 4, 2020
521
Legal blog
2 available 2 • View allIs COVID-19 a Force Majeure Event? 10
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.
Apr 7, 2020
2249
المنازعات الضريبية من الألف إلى الياء وفق قانون الإجراءات الضريبية الجديد 18
تأتي هذه المقالة ملخصاً موجزاً لإجراءات المنازعات الضريبية في دولة الإمارات العربية المتحدة على النحو الذي رسمها المرسوم بقانون اتحادي رقم 28 لسنة 2022 بشأن قانون الإجراءات الضريبية الاتحادي.
May 29, 2023
650
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

Other answers by
6 6 answers •
View allHow to terminate a property SPA for delay in handover and request refund 0
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
457
Terminating an employee due to taking a leave without approval 0
My leave got rejected, but I am still on my leave starting December 15 to 22, 2019. The HR sent me an email containing termination notice for being absent for 7 consecutive days.
Can they do that?
Dec 24, 2019
3097
The commencement date of the limited labour contract 0
Good day Ahmed,
Offer letter Contract signed between me and the company (Joining date of work): 24/6/2018.
MOL Contract was signed: 17/7/2018 (Which says I entered country 26/7/2018 valid 2 years limited contract until 25/07/2020.
Last day in the company: 7/7/2019.
Did I complete a year?
Since when will the court calculate?
Thanking you!
Oct 14, 2019
668
Consequences of resigning from a limited labour contract 0
Good evening,
Can I terminate my limited contract within the probation period?
My visa status is a cleaning worker, but actually working as an admin assistant.
If I resign from my limited contract, then should I give a notice period or not?
Please let me know.
Thank you
Oct 15, 2019
629
Cancellation of the dependant visa in case of cancelling the sponsor visa 0
If I resign from my work and the visa of my family is under my sponsorship, do I need to cancel them before leaving the UAE?
Oct 17, 2019
4583

Other answers by
95 95 answers •
View allHow can I file for divorce in the UAE as an Indian Christian with a son, and ensure custody? 0
Hi, good morning,
I’m an Indian residing in the UAE and want to apply for a divorce. My husband and I have been living separately for more than 3 years, and he has been living in India since our separation.
We are both Indians and Christians (non-Muslims). We have a son who is 8 years old now. Can you please let me know the divorce procedure if we want to proceed in the UAE, both with and without mutual consent?
Additionally, please advise on how to proceed with custody, as my son currently resides with me.
Thank you!
Aug 28, 2024
138
How to transfer the shares of a company from his heirs to the partners? 0
A company is registered in a free zone (Dubai South) and had 4 shareholders.
But now one of them passed away and the successor is a very old lady, who is not cooperative and will not be able to sign any document at all (and she lives in another country).
We have no idea who will be a successor after this old lady and these people will in fact never be interested to do anything with this company.
The company is financed and managed by only one shareholder, who is willing to continue.
What can be done in this scenario to keep this company and continue operations?
How to transfer the shares of the deceased shareholder (buyout, shares transfer)?
Is there any court procedure where if no one claims their rights after some time, the shares will automatically be transferred to the company itself or the third parties?
Thank you.
A.
May 15, 2023
107
My flatmate took a video of my visitor in the toilet half naked without permission 0
My flatmate took a video of my visitor in the toilet half-naked without permission and shared it with another person, and accusing me of taking another nationality which is untrue.
What will be the cases to file a case?
May 12, 2023
226
Retrieving a passport from a car impounded for driving without a license 0
Hi sir,
I drive a car in Ajman without a license. On a visit visa those days, Ajman police caught me and I forgot my passport and other belongings in the car.
They impounded the car, so how can I get my passport back from the car?
My case is finished.
How do I get my passport back so I can apply for a visa and then a job?
Please suggest me.
Thanks!
May 2, 2023
120
What is the time limit to execute a judgment? 0
Dear Sir/Madam,
Time limit to execute a judgment.
I won a court case about 5 years ago. I still did not register an execution lawsuit.
What is the maximum permitted time limit between the verdict and registration of the related execution lawsuit?
Apr 27, 2023
772
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