Questions & Answers
Questions & Answers
5 available 5 • View allCancellation 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
1504
Cancellation of SPA for delay in delivery and defaulting on payments
2
Q: Hi
I bought an off-plan property from a developer in downtown during the peak time. My payment plan was based on construction with completion being Dec 2019. I have paid more than 50%.
I requested the developer to readjust my payment plan as the project is delayed. They moved on payment forward and sneakingly changed completion date to Aug 2021 in the document. The SPA still says Dec 2019.
Now I'm struggling to pay the next payment due to COVID-19 and project is completed 56% as par Dubai land department and 60% as per the developer. The developer is asking for payment and calling me every day.
My question is can I still use the delay in the project as a clause to cancel my unit?
Can I cancel my apartment and how much can the developer deduct?
After selling me, the developer started offering customers post-handover payment plans for 4 years, which is very unfair as even if I complete my payment, no one will buy from me as the developer is selling something with 4 years post-handover.
Can legal help be provided in this regard?

Jun 7, 2020
883
The right to terminate a property SPA for project delay in delivery


1
Q: I purchased a property in March 2018 with a completion date of March 2020 with (60/40 payment plan). I have paid 60% of payments; however, the project is only 32% complete. The developer is giving reasons for the delay like:
a) Fire Incident
b) Covid 19
c) Main contractor safety violations
In the current scenario, it looks impossible that he would be able to deliver even by March 2021.
What are my legal rights against the developer and how I can be compensated for my investment?



Nov 21, 2020
404
Can I postpone the final payment of property due to COVID lockdown?
0
Q: Good morning Mr. Ahmed Abbas,
I am W. L. from China. I have ordered an off-plan property in Dubai.
Last month, the developer informed me that the unit is completed and reminded me of the last installment. I am living in Shanghai, and the city is on lockdown due to the government's measures against COVID-19 from 28 March 2022.
Now people are not allowed to leave their community. Could I treat it as a force majeure event and ask the developer for extending the due date without penalty?
Please note that we do not ask for freeing the debt!
Thanks

Apr 11, 2022
181
استرداد الأموال المدفوعة لدى تأخُّر المطور في تشغيل المشروع




1
س: السلام عليكم،
تأخّر المطور في تشغيل المشروع الفندقي. بعد مرور ٣ سنوات من استكمال البناء ولأنني أحد الملاك، فقد دفعت أكثر من ٩٠% من قيمة الوحدة وتم تسجيل الوحدة في دائرة الأراضي والأملاك.
الآن بحسب الزيارة الميدانية فإن المشروع غير مؤهّل لأن يعمل حتى هذا العام ٢٠٢٣.
هل يحق لي المطالبة باسترداد الأموال المدفوعة؟





Feb 6, 2023
122
Legal blog
2 available 2 • 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
531
Coronavirus 101 for Businesses & Individuals in the UAE 0
An interview-format article covering the topic of COVID-19 in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Mar 10, 2021
209
Laws & Regulations
1 available 1 • View allExecutive 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

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View allكيف يمكن لشركة ذات مسؤولية محدودة أن تعلن إفلاسها؟ 0
كيف يمكن لشركة ذات مسؤولية محدودة أن تعلن إفلاسها؟
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Can the new owner of an apartment increase my rent if it is against RERA Index? 0
Hi
I'm a tenant of an apartment and a new owner has purchased the apartment. I would like to know:
1. Should I revise the Ejari by canceling the previous one and applying for a new one?
2. My current rent is 35% less than the current market value. Can the new owner change the rent as per the market value, or he still has to follow the RERA Index calculator for a new contract?
Nov 19, 2023
103
I agreed with my landlord to increase the rent 10% I pay in cash. Should I insist on changing the contract? 0
I'm staying in JLT in a house with a rent of AED 140,000 per year. The lease starts on 1st Sep '23 and expires on 31st Aug '24.
The landlord sent me a legal notice from the Dubai Courts in mid-Sep '23, giving me 1-year notice to vacate the house as he plans to sell the house. The notice was received by me through email from the court.
He claims the email notice sent by the court is not valid till I receive it by courier via Aramex for my physical signature. Can you please confirm if this is true?
The landlord is now ready to let me stay in this house for two more years. He has proposed that we maintain the existing lease agreement and Ejari. However, I should pay him AED 14,000 in cash (10% increment).
We will sign a separate paper document wherein we will agree that I will further rent increase of 10% (10% on (140,000+14,000)) on 1st Sep'24 when my current lease expires.
Should I insist on making a fresh written contract with the higher rent (140,000+14,000=154,000)?
Nov 18, 2023
134
Is it possible to terminate a labor contract before the end of the two-year term? 0
Hello.
I have been with my employer for 15 months, and my employment contract is for two years.
Is it possible to terminate the contract before the end of the two-year term?
Nov 24, 2023
121
I have signed Form F and got the mortgage but the seller is in breach. What to do? 0
Hi
I have signed the MOU Form F since July 2023 and we prepared all the papers and the loan from my end on 23/8/2023.
When I went to DLD for the transfer, the seller had registration issues and asked for some papers to be provided as the property is under the company not an individual.
Since that time, we have kept renewing the MOU every month in the hope of finalizing but I am not seeing any progress.
So I am asking about legal action as I already got a bank mortgage and started paying as well but not seeing any progress from the seller.
So I need to ask the following:
1. If my MOU expired on 20.11.2023, can I file a complaint on 20 or after a couple of days like 23?
2. What will happen in terms of 10%? Will it be returned and what about the fees paid to the bank like mortgage fees, evaluation, and cancellation of loan? Will the EMI payment be compensated by the seller?
3. What is your advice?
Thanks
Nov 16, 2023
888

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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.
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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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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.
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Seeking justice and compensation for wife's loss due to medical negligence during childbirth 0
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He had to relocate to India due to the situation and is currently working there.
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Dec 19, 2024
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