Questions & Answers
Questions & Answers
10 available 10 • View allTerminating contract and claiming refund for project delay


4
Q: Hi,
I had purchased an off-plan property from a developer in 2017. The completion date mentioned in the contract is February 2018.
I have already paid 60% of the sale amount. The percentage completion for the project on the Dubai Land Department says 98% since the last one year.
Can I get the contract cancelled and get my money back?
Regards
O.



Jun 16, 2019
889
The right to claim refund from developer for breach of obligations
1
Q: I had invested in a project in Dubai in Oct 2018, in a 3 bedroom townhouse.
I have paid them 24% of the house amount till now but haven't received anything except for SPA and receipts from them.
No registration of the property has also been done wherein we were supposed to get the house in Dec 2019 the handover.
On checking, we got to know that they haven't even got permission from the land department for that particular row of townhouses in which we had booked our unit, and no construction has also happened till now.
They offered us another unit instead to take which they claim will get finished in Dec 2020.
But because they have been lying to us since the beginning and have taken money from us without any permission being in place, we want to exit from the agreement and get our money refunded.
Wanted to know what are we eligible to get money in this case?
Seeking the correct advice.
Please help.

May 19, 2020
405
What can I do if the property selling agency denies MOU terms?



0
Q: I am the buyer of a property and I signed MOU with an agency.
One of the MOU clauses was “if the property valuation is less than the selling price, then the MOU is null and void”.
The valuation came less than selling price and the agency is refusing to give the cheque back.
What can I do?




Jul 18, 2021
684
Can I terminate property purchase and recover my deposit because it is mortgaged?


0
Q: Hello,
I paid a deposit for a property from the developer, with their own financial plan. I signed a reservation form with this deposit.
However, I found out this property is mortgaged during due diligence, even though they showed me a title deed stating clearly "not mortgaged".
Can I walk away from this transaction and recover my deposit?
Thanks in advance



Aug 8, 2021
379
Can the buyer get the security deposit if backs out in a property purchase MOU?

3
Q: Hi,
What if the buyer backs out in the purchase of a property after the internal MOU drafted by the seller was signed?
There was a clause stating the security deposit will be returned upon full payment. Form F from the DLD was not yet signed.
In this case, can we still get the 10% security deposit or not?


Nov 8, 2022
1636
The size of an apartment is changed after paying 90% of its price



2
Q: Dear sir/madam,
I bought an apartment. I paid 90% of the total amount. In the final stage to receive the apartment, the size was different and I asked many times about this issue, but no one answered.
Now, they tell me that they took it without any reason.




Feb 7, 2023
185
What to do to recover money paid for real estate agency after revoking MOU?
2
Q: Dear Sir,
Please be informed that I contacted one of the real estate agents in Sep 2022 for a purchase of an apartment in Abu Dhabi.
MOU signed with seller/agents in Oct 2022. The subject apartment was under lease and a tenant was staying there. I contacted my bank for a mortgage and the bank requested access permission for valuation.
However, the agents informed me that the tenant is out of the country. And later once the tenant was back in the country, I requested agents for further permission.
After multiple tries, the tenant provided the bank with access for valuation. I had no direct contact with the owner/seller. I paid the bank valuation fee.
Once approval came from the bank, I informed the agent. I got a reply that the seller does not wish to proceed with the MOU.
Then requested agents to return the agency commission fee, which I paid at the time of signing the MOU. Ever since I am behind the agency to return my amount.
However, agents have not yet returned the amount to date.
Appreciate your necessary legal advice.
Thank you.
Regards
T.

Apr 6, 2023
199
Can I reject the seller's request to extend the MoU and exit this agreement?



2
Q: Dear Sir/Madam,
I'm purchasing a property in Dubai. I have signed the Form A and F and provided a photo of the cheque deposit. The seller has been slow in settling his outstanding payments with the developer.
The Memorandum of Understanding (MoU) expires tomorrow, but the seller has informed me that he will receive the No Objection Certificate (NOC) from the developer tomorrow and has requested an extension to the contract.
I haven't agreed to the extension yet. I've found another property that I prefer and would like to withdraw from this deal.
Can I reject the MoU extension and exit this agreement?




Nov 16, 2023
579
The seller is reluctant to sell. Can I ask for 10% of the agreed amount?


3
Q: Dear Sir/Madam,
I am a buyer. I signed the property sales contract manually. Then the agent sent the document to the seller, who signed it and sent a snapshot of all the pages.
There is no digital contract signed form F. The seller had a bank loan, which he cleared, and was waiting for a relieving letter.
The contract's last day has passed. Now he is reluctant to sell. Can I ask for 10% of the amount, as he is not able to provide the documents required for the sales deal?



Feb 14, 2024
128
Can the seller change the terms after we signed an MOU for the purchase of an apartment?




0
Q: Hi,
After we signed an MOU to purchase an apartment, the landlord added another requirement (not listed in the MOU) that we should allow the current tenants to stay in the apartment until September, when their lease agreement finishes in March.
I have two questions:
Can I back out of the MOU (the owner has not signed yet) based on this unforeseen condition?
If the owner signs the MOU, can I send a letter to evacuate to the tenants as an intended landlord?
Thanks





+5
Jan 22, 2025
47
Laws & Regulations
1 available 1 • View allFederal 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
148342

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213 213 answers •
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
404
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
339
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
459
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
358
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
267

Premium
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337 337 answers •
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
72
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
87
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?
Jan 3, 2025
104
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
48
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
75

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157 157 answers •
View allكيف يمكن لشركة ذات مسؤولية محدودة أن تعلن إفلاسها؟ 0
كيف يمكن لشركة ذات مسؤولية محدودة أن تعلن إفلاسها؟
Feb 3, 2022
1716
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
99
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
125
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
117
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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20 20 answers •
View allIs deducting half the salary considered a breach of the employment contract? 0
Hi,
I am working with an employer in Dubai since October 1st, 2021. The company is deducting salary in the name of consultancy as I was got hired from India. But there was no such contract between employee&employer for deduction in salaries.
Still, the employer deducted my half the salary for 2 months and I requested to stay at room till the company gets new project also they have taken my educational certificate stating it is the company policy.
I have already emailed the company to pay me a full salary for staying in the room or give me NOC.
1. Can I resign from the company without a notice period as I am in probation period and my contract is limited?
2. What should I do if the company doesn't pay me my salary for the days I am staying in the room?
3. Can this be considered a breach of contract by the employer?
Dec 26, 2021
278
Visa cancelation by an employer while an employee's dues are not settled 0
Hello Sir,
I have worked for a company for 4 years and 4 months on an unlimited contract and resigned after serving a notice period of one month as the employer was not paying me the salary properly for almost a year.
Now, he hasn't settled my EOSB, pending salary but canceled the visa.
How can I claim my dues?
May 17, 2021
391
Is the wife liable for the unpaid loan of her husband? 0
Am I responsible for the unpaid debts of my husband?
My husband took a loan in Dubai. We were paying installments on time but later on, he lost his job and we had to move back to our home country.
Now he can’t go back to the UAE until he settles his debts. My company wants me to go to Dubai for some official work but I am not sure if I am able to travel freely or I am also banned to travel.
Please, can someone help me with this?
Apr 25, 2021
1668
How to check if the bank filed a case against me before leaving the UAE? 0
I lost my job and since then, I haven't been successful to get hired in the UAE. Fortunately, I got a job back home, starting date at beginning of May.
I have a bank loan with a bank that I couldn't close in full before leaving the UAE. My end of service would be used as a partial payment of the loan but the remaining balance will be over 200K.
I aim to reach a new agreement with the bank, having a lower monthly instalment and longer loan period, being paid from my home country.
I need an advice how to proceed on this matter in order to be able to leave the UAE at the end of April without being stopped at the border and reach an agreement with the bank from outside the UAE to pay the loan from my home country.
The answer time from the bank is very slow.
Thank you
Apr 20, 2021
1377
Asking an employee to work till visa expiry while the contract is already expired 0
My work permit and labour contract expired on 06/04/2021 and my visa expires on 09/06/2021.
I have to move to a new opportunity but my employer wants me to work till the visa expiry i.e. 09/06/2021.
My prospective employer is not agreeing to such a delay.
What is the remedy available to me in this case?
Apr 22, 2021
2482
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