Questions & Answers
Questions & Answers
3 available 3 • View allCancellation of a property purchase and refund for over-delay in handover

3
Q: Hello
I am contacting you from London. I have purchased a property in Dubai in a project in 2005. We purchased two apartments and today we have not received anything yet.
This construction project is still going on and the developer has changed many times. Another company now runs the project, and whenever I contact them they say it's going to be ready in the next 3-months or 6-months.
It keeps postponing work are currently at standstill. I have contacted them then and the same they're waiting for more information from the Dubai authorities.
Every time there's a different story, and we get delayed. It's now been 16 to 17 years since we have invested in this and I would like to put a stop to this now, possibly get a refund and compensation.
Could you please help me by advising me what my situation can be?


Feb 1, 2021
826
Cases where the delay in property handover call for a full refund
1
Q: Hi,
I am seeking advice on property purchase.
In 2016, I purchased a studio with a completion date of Q2 2018, for 500k, with 70% paid at handover. So far, I have paid 140k+21k registration fees. It has been over 2 years since completion date with no signs of it completing till Q1 2021.
Due to this delay, I would like to inquire my legal right if I were to file a case and request for a refund from the developer.
The SPA states in case of force majeure, they can extend the completion by 1 year, after which they have an additional year under the seller's remedy period.
However, I have not received an email stating a force majeure, therefore, I did not issue a written notice.
Although, I have sent them numerous emails stating that I would like to cancel my unit and get a refund, however, I have been denied this request. They had said all such requests sent by email do not count.
Can someone please guide me, whether I should file a case or not?
Thank you!

Oct 11, 2020
455
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
757
Legal blog
1 available 1 • View allالمنازعات 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

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I seek to cancel a purchased property and get refund for delay in handover 0
Dear Advocate Sweta Singh,
I am from India and in Sep 2018, I purchased an apartment in a hotel. The hotel has not been completed and the delay is more than a year.
They have not paid any compensation as per the contract, nor do they talk about it. I have paid more than 80% in installments and paying it regularly.
Please help me, guide me on how to cancel the deal and get a full refund, or any other way which helps me recover my investment.
Regards
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Is it possible to apply a will issued in South Africa in the UAE? 0
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I live in the UK.
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How can we access the bank account of a deceased person? 0
My uncle died 2 weeks ago in one of the private hospitals here in Dubai.
We have already completed everything regarding the repatriation of his body with the help of his employer and his remains are already sent back to our home country last week.
He used to give me an access of his ATM card before and I tried to access it just few days ago and I found out that there is some amount of money left on his bank account.
I am aware that he has some pending bank loan requests before he died, so I am afraid that amount might be the reason of such big amount.
Being the only family member of my deceased uncle, what should I do in order to make sure that the amount is from his savings and not from his bank loans?
In case the amount is proved to be his own savings, is there any chance for me to get the authorization to claim that amount from the bank to be used by his family?
He has a wife with 3 kids back home.
Thanks a lot in advance.
Feb 10, 2022
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View allCan a debt agency access AECB reports without consent for a 15-year-old closed case? 0
Dear Respected Lawyers,
Subject: Request for Legal Advice Regarding Unlawful Practices by a Debt Collection Agency
I would greatly appreciate your advice and guidance regarding a troubling issue my colleague is facing with a collection agency.
The company has been contacting the employer, urging them to ask my colleague to get in touch with them regarding a supposed liability.
This claim is related to a 15-year-old closed dispute with a bank credit card, and the issue seems to stem from outdated and inaccurate information on the AECB report.
Our main concerns are as follows:
Unauthorized Access: The company is accessing her AECB report without her consent. She has never given permission for them to retrieve or view her personal financial information.
How is it possible for a third-party agency to openly access and track AECB reports, especially for a dispute that was resolved 15 years ago?
Apr 8, 2025
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I was evicted from my apartment to be sold but it was gifted and rented at a higher price. What can I do? 0
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Can I file a case for cyberbullying or defamation after my ex-wife's abusive messages? 0
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I invested money in a business but my partner is removing me out from partnership. Can I pursue legal action? 0
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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.
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