Questions & Answers
Questions & Answers
5 available 5 • View allThe right to terminate the SPA and recover the paid amount
0
Q: I have purchased a studio unit from a developer in Oct 2015. To date, I have made 8 payments (total: AED 305.000) plus Oqood (30.000).
The developer destroyed my SPA without my knowledge (the excuse was that I didn't collect it but I have requested it on multiple occasions).
Currently, the project has been delayed for nearly 2 years. Initially, the handover was Q2, 2018 and now it's expected Q4, 2020 (not sure if that's possible as currently, it's only at 70.56 complete).
Can I cancel my contract and get my money back since I have no contract in place?
They are keen to set up a new contract and get me to sign one.

Jan 30, 2020
756
Legal steps of terminating a property SPA and getting refund for delay


1
Q: In brief, I am based in Muscat, Oman and I have invested in an apartment in an off-plan project in Dubai back in August 2015. I was introduced to the project by a Broker which is a sister company to the Developer.
I have adhered to the clauses in the reservation form we mutually signed and paid almost AED 200,000 in total. The handover of the unit was supposed to be in June 2018.
Unfortunately, the construction hasn’t commenced until today and the developer refused to refund me, claiming that the project will be completed, which until today shows a 0% completion on Dubai Land Department's official website and Mobile app.
I have submitted an official complaint to Dubai Land Department back in October 2019 requesting assistance in obtaining a full refund.
I have managed to get a Statement of Deposits dated September 2020 from the bank where the escrow account is, showing the amount I have transferred.



Nov 23, 2020
468
Failing to pay the final instalment for a purchased off-plan property
2
Q: I've signed a unit reservation form back in September 2016 for an off-plan project.
At that time, it was 40% completed. I paid until mid of 2017 10% of the value of the property, as the 90% was set to be after the handover.
Now, the handover started and I can't continue to pay any further amount. I didn't sign the Sale and Purchase Agreement (SPA).
What is the legal advice here?
Thanks

Jan 2, 2018
552
How to make sure that a developer will deliver an apartment on time?
1
Q: Dear sir/madam,
I have purchased an off-plan apartment and there’s been a delay of 9 months, and now they want me to pay 67% to get a handover though the payment plan with them is for 3 years.
Even if I pay 67%, how do I make sure I get it on time?

Apr 12, 2022
191
How to cancel SPA and recover money upon off-plan property blockage?



1
Q: Hi All,
I am a foreign investor from the USA who invested in an off-plan property in Dubai. I have already paid 60% of the property value. The property has been under development since 2020.
Recently, I noticed that the property status is blocked and the project status is under cancellation on the DLD website. I have been trying to get updates from the developer, but I have not been successful.
I want to cancel the SPA and recover all of the money that I have paid.
Please guide me on how to do this!




May 28, 2023
153
Legal blog
1 available 1 • 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
2235
Laws & Regulations
4 available 4 • View allLaw 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
3112
Law 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
4821
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
5120
Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.
Dec 15, 1985
148348

Other answers by
8 8 answers •
View allNon-competition clause and dues upon resigning for holding salaries 0
Dear Nadine,
I have recently resigned from my company based in Dubai due to non-payment of my salary for the last three months (Apr/May & Jun 2019).
I resigned on 11th June 2019 and served my notice period till 30th June 2019. My company requested to serve 30 days’ notice period which I refused to serve DUE to non-payment of salary.
Finally, I requested them to cancel my visa which is under process and soon it will get cancelled hopefully by this weekend. I have also requested them to pay my dues/others which include:
1) Salary for three months
2) 6 years gratuity
3) ALL of 10 days
As per my employment contract, an employee may not take up any employment directly or indirectly through a subcontractor with the client of the existing employer for a period of one year after the last day of the service period.
Under the above scenario, can I join my ex-employer – client directly or indirectly through a subcontractor?
Please advise.
Regards,
S. H.
Jul 2, 2019
543
Withdrawing a labor case to cancel a work visa 0
How to withdraw a labour case from the labour court?
What is the procedure to cancel the work visa? (the company is not ready to cancel my visa due to the labour case).
Jun 22, 2019
5759
كيفية التصرف عند إنهاء علاقة العمل عبر مكالمة هاتفية 0
مرحبًا،
في 17 يونيو عند الساعة الواحدة ظهرًا، تلقيت مكالمة هاتفية على رقمي الشخصي من ابن صاحب الشركة التي أعمل بها كمدير تنفيذي منذ 2009 ليخبرني أنه بسبب الوضع المالي السيء للشركة، فقد قررنا الاستغناء عن خدماتك.
وحتى هذه الساعة لم أستلم أي إخطار كتابي، ومازلت أمارس عملي كالمعتاد.
أرجو إفادتي بالمتوجب عمله حتى أحمي حقوقي المالية!
Jun 26, 2019
312
Immediate resignation without notice and its repercussions in the UAE 0
Good day,
In my situation, I've completed 6 years of counting including my joining date. My visa will expire in August but now I want to resign immediately/same day.
Can you advise me what I am going to do?
Thanks a lot.
Jun 23, 2019
5863
Custody, guardianship and division of assets in a divorce 0
I want to divorce my husband; my concerns are as below;
If the divorce proceeding is under Sharia Law, what are my chances when it comes to;
1. Child Custody & guardianship - I believe I will get the custody until age 11. My question is if the husband is unemployed for 6 months now, can he still be considered as guardian since he can't provide for the family?
And if I can show that he has never been a provider for the family (basically, I pay ALL the bills since we got married) & I have a proof that he had an affair a year ago, can I get the guardianship as well & full custody?
Can the child get an opportunity to choose where he wants to live with when he reaches puberty?
2. DIVISION OF ASSETS - Since I got a land inheritance from my parents, is he entitled to get 1/2 of the property?
Obviously, he has no house/properties in his home country as well as savings and I am worried he will get everything. I own 50/50 in which he didn't sweat a dime on it.
Awaiting your advice.
May 23, 2019
644

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
686
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
1401
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
447
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
798
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
498
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