Questions & Answers
Questions & Answers
4 available 4 • View allHow to terminate the SPA of a property and claim refund for delay in hanover


0
Q: I entered into a SPA with some developers back in 2017 and paid 30% for a 2BR in a project. It was originally supposed to be delivered in Q2'18.
I want to get out of the agreement and ideally get my deposit refunded, what are my options, and how much legal cost we are talking about?
Thanks
J.



Mar 25, 2021
453
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
Termination of SPA and claiming refund after project cancellation
1
Q: I had Invested in an upcoming residential project in June 2018 & paid 20% of the total property value.
But there has not been any progress in their construction & also checked with Dubai Land Department & the developer as well for the status, and learnt that it is probably under cancellation.
I requested via email to the developer for a refund but they have instead suggested me to opt for an ongoing project or a ready to move in property.
But I do not intend to proceed & want my money back at the earliest possible. I have the SPA & proof of payment made i.e. Invoice as well.

Aug 16, 2020
632
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
380
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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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
I was evicted from my apartment after living there for five years. My landlord informed me a year in advance that the lease would not be renewed because he intended to sell the property.
Prior to this, he attempted to impose a rent increase that was not compliant with RERA regulations, which I refused to accept. He then served me with an official Dubai Court eviction notice, citing the need to take back the property for sale.
Five months after I moved out, I discovered the property was rented out at a much higher price. Upon further investigation, I found that the ownership was transferred as a "Gift" rather than a sale.
This makes it seem like the eviction was only to raise the rent rather than a genuine need to sell.
Do I have a valid case for wrongful eviction against my landlord?
Also, under Dubai law, does transferring ownership as a "Gift" hold the same legal grounds as selling in justifying eviction?
Dec 18, 2024
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Can I file a case for cyberbullying or defamation after my ex-wife's abusive messages? 0
Hello,
My ex-wife has abused me in chat and called me the following: illiterate, beggar, and said that I don’t have [------].
She called me a bad parent and a bad son.
Can I file a cyberbullying, defamation, or abuse case against her? What are my options?
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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
Hi
I'm an Irish citizen and a resident of the United Kingdom. I got investment fraud in Dubai. I invested money into a business with a Pakistani national guy in March 2024 via bank transfer into his business account.
Now he's giving back the money which I invested in business after 9 months. He's preparing a letter from a local lawyer to kick me out of the business. I do not have any other option than to take out at least my money.
But it's unfair to me that he used my money in business and took all the advantage.
Some people say to me that if you claim money or take legal action against him, it will take too much time and I need to travel to Dubai to appear in court because it is a civil matter. But I'm not a resident.
How can I follow the civil case there?
That's why my partner knows that I can not do anything and this case keeps running long time and in the end nothing happens. But I'm thinking that I will submit a complaint through my embassy and I also have a solicitor in the United Kingdom.
Dec 24, 2024
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Seeking justice and compensation for wife's loss due to medical negligence during childbirth 0
Dear Lawyers,
My relative lost his wife during childbirth due to clear medical negligence, as stated in the report from the DHA medical committee.
He had to relocate to India due to the situation and is currently working there.
Please guide us on the steps to take for justice and compensation.
Dec 19, 2024
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View allWhen to claim an inheritance in Dubai while being abroad and which law is applied ? 0
Dear sir/madam,
I would like someone to be honest with me. I am in the UK. How long have I got to claim inheritance in Dubai?
I was reading in the Gulf News that the laws of the country of the deceased at the time of death can be applied regarding the will.
Is this true or false? I am really looking for these two questions to be answered first. Can anyone help me with this, please?
Mar 25, 2022
412
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
Mar 9, 2022
344
Is it possible to apply a will issued in South Africa in the UAE? 0
Dear questioner,
My father (Muslim) has passed away in South Africa. He leaves behind 4 children, his wife (our mother) and his own mother.
He had a will for South Africa in which, I (oldest son) am executor. The will does state that it encompasses all property and assets wherever they may be.
He has various properties and assets in the UAE. My questions are:
1. Does his will have power in the UAE or will it be divided by Sharia?
2. What documents are required to wind up his estate?
3. What is the wind-up process within the UAE?
Feb 22, 2022
462
How to access the bank account of my son who passed away recently? 0
My son tragically died in Dubai and his salary has been paid into a UAE HSBC bank account.
My daughter also lives in Dubai and has an HSBC account.
How can I access my Son's bank account, please?
I live in the UK.
Feb 17, 2022
367
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
276

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6 6 answers •
View allRights of property investor in case the developer failed to pay agreed ROI payment from the developer 0
I have 3 hotel apartments with a Dubai developer which I have paid fully. They were supposed to deliver in December 2019, they guaranteed a 10% ROI amount [return on the investment] paid for the properties.
May 2021 is fast approaching when I would be due for ROI payment from the developer, however, they are now asking for VAT payment with immense trickery calls... etc., and now stating they will not pay any benefits (ROI) unless the VAT payment is made.
Note that they have not provided any current dated VAT invoices nor any VAT invoice at the point of sale and they have not completed or handed over the property.
The SPA states that I shall pay VAT however puts no dates or periods at all specifying the date of VAT payment.
If they do not provide me the appropriate VAT current dated invoices and because of that, I do not make the payment, do they have the right not to pay me my contracted ROI on the dates specified on the SPA (May 2021)?
In case they do not pay, do I have the right to cancellation and compensation of SPA?
Apr 29, 2021
410
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
662
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
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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
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View allCan the landlord request the tenant to pay the chiller in the middle of the contract? 0
I live in Dubai Marina, and the landlord claimed that according to new Dubai Land regulations, the chiller now has to be paid by the person occupying the apartment.
Even though my contract says that the landlord should pay the chiller, they want to implement this mid-contract.
I understand that the terms upon renewal will be renegotiated, but on what grounds can they implement the change mid-contract?
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What can I do if this happens?
Please advise.
Mar 23, 2022
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Can I travel with a non-paid telecom bill in the UAE if my visa is canceled? 0
Can I travel with a non-paid telecom bill in the UAE if my visa is canceled?
Feb 16, 2023
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Does the new property owner have to sign a new contract with the tenant? 0
Hi,
I'm a new landlord of the property which is already rented.
Kindly advise, do we have to sign a new tenancy contract with the tenant for the remaining period? And who will pay the cost of Ejari?
Feb 16, 2023
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Cleaner's resignation with 30-day notice in incomplete contract 0
Hello,
Good afternoon!
My friend works as a cleaner for a cleaning company and she now wants to resign with a 30-day notice. However, she has not completed the two-year contract and has only served for 16 months.
Additionally, she has not taken any vacation leave. The sad part is that when she signed the offer letter, she did not receive a copy of it and only signed it.
I would be very grateful if you could let me know if she would have to pay or if her boss has the right to not accept the resignation if the notice period mentioned in the offer letter is more than a month.
Her boss has not provided her with any kind of proof that she can use in the future if anything happens.
Feb 13, 2023
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The ownership of a code of a web application 0
Hello,
I represent a tech-based marketplace company registered in a Freezone, in the UAE.
This is in regards to the UAE's law regarding the ownership of code when there is no clause mentioned in the agreement. One of our products (web application) is being developed by an agency in the UAE.
While we do have agreements in place, there is no clause regarding ownership of code. In the situation mentioned above, I've heard that the ownership of code either goes to the author or the agency that employed the author. Is this true?
Your assistance and help would be of great help.
Sep 7, 2021
307
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