Questions & Answers
Questions & Answers
9 available 9 • View allClaiming compensation and full refund due to delaying property handover


2
Q: Hi,
I need advice.
I have purchased a property that is still under construction.
Payment terms were 40% during construction and 60% on handover. I have paid 70% (not mentioning developer name here).
As per SPA, the handover was supposed to be Dec 2018 and it has been delayed for over 15 months. Expected possession is by end of the year.
I would like to know about the chances of getting compensation for delay (mainly covering potential Rent loss or Interest cost) or I would like to terminate the SPA and receive whatever I have paid.
Can someone please advise what is the average fee to the lawyer and court expenses?
Litigation expenses: Will it be payable by the developer in case the court ruling is in my favor?
Thanks!



Apr 1, 2021
634
Seeking compensation or cancellation for delay in property delivery


15
Q: I've purchased an off-plan property in Dubai which was due for handover in Dec 2017 but still incomplete (approx. 80%).
70% has been paid from a purchase price of 1.8 million. Am I entitled to compensation for the delay or can I cancel the purchase in its entirety?
Thanks



Jan 23, 2019
14780
Recovering all payments after delaying property delivery twice

2
Q: Dears,
I've purchased an off-plan property in Dubai in 2016 which was due for handover in Dec 2017 but still incomplete (approx. 80%).
70% has been paid from a purchase price of 1.35 million. By contract, I am entitled to 8% compensation from the amount already paid since the end of 2018 (sunset).
Early this year, I signed an amendment with updated payment terms with new sunset at the end of 2020. As of January 1st, am I entitled to cancel the purchase in its entirety and recover all payments done?
Thanks and regards,


Dec 15, 2020
339
The right to terminate SPA and ask for refund after delay in handover


0
Q: Hi everyone,
I have bought a studio apartment, it was supposed to be ready by the 2nd quarter of 2018 but until now, just 54% is completed as per RERA.
I have made payment as per the payment plan 30% + DLD 4% already paid and 70% upon handover.
Can you tell me if it's possible to cancel it and take the amount back or compensation?
As discussed with the developer, they denied compensation and mentioned that we are in a remedy period. What should I do in this case?
Thanks



Oct 20, 2019
273
How can I termination an SPA and claim refund from the developer for handover delay?


0
Q: Hi,
I purchased an off-plan apartment in Dubai in 2017 from one of the projects in Dubai.
I was told that the handover is going to be in Q2 of 2019, until now, the apartment has not been handed over. During the delay, the developer has never communicated pertaining to the delay.
I have already paid 50% of the total value plus the DLD fees. As per Dubai [----], the project progress stands at 67%. Now, I need guidance and advice from a legal point of view.
What are my chances to recover my money from the developer?
If I go through a lawyer, is it possible to recover all the money I have paid?
Is there anything I can do to recover my money?
Thank you



Feb 1, 2022
289
I seek to cancel a purchased property and get refund for delay in handover
0
Q: 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
356
How can I claim the compensation mentioned in the SPA for delay in handover? 

0
Q: I bought a property recently, the transfer is done in my name. But the previous owner still didn't hand over the apartment to me.
In the contract, it is mentioned that if the seller is not able to hand over the apartment on transfer, he is liable to pay compensation for the days he didn't hand over the apartment.
How do I claim this compensation and how do I force the seller to hand over the apartment to me?


Jul 15, 2022
247
Can I cancel the property purchase for delay if I do not have an SPA?



0
Q: Hello,
I have paid 50% on a project that is 3/4 years delayed. I heard they haven’t even registered the property yet, I haven’t received SPA or OQOOD.
Can I cancel the contract and get a refund?
Any way to get a refund at all? Or even a 50% refund?
Thank you




Jul 15, 2022
280
Am I entitled to compensation for the delayed handover of our apartment in Dubai?

0
Q: Am I entitled to compensation for the delayed handover of our apartment in Dubai?
It's been more than 12 months.


Dec 30, 2022
216
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
4831
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
3125
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
5126

Other answers by
32 32 answers •
View allهل يمكن للزوج منفرداً نقل دعوى طلاق من الإمارات إلى البلد الأم؟ 0
السلام عليكم
أنا وزوجي أردنيين مقيمين في الإمارات. قدمت لطلاق الضرر وحضرنا جلستين مع التوجيه الأسري ولم تتنتهِ القضية.
هل يستطيع زوجي نقل القضية لإكمالها في الأردن مع رفضي؟ أريد إكمالها في الإمارات.
وشكراً
Sep 26, 2021
484
كيفية إثبات الزواج في الإمارات لمواطنة تزوجت في مصر 0
السلام عليكم،
أنا مواطنة وتزوجت من مصري في مصر وتم إثبات الزواج في مصر بختم الخارجية الإماراتية وختم السفارة المصرية في مصر وختم الخارجية المصرية.
لدي ٣ أطفال وتقدمت بإثبات الزواج في الشارقة وتم الرفض. كيف أثبت الزواج في الإمارات؟
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I want to resign and file a case against the employer for cutting down salaries 0
Hi,
I am working as an Engineer in a free zone company in Studio City, Dubai, since 2019 till date. My visa is issued in Abu Dhabi.
From March 2020, they cut down my salary & issued a letter stating that my salary has been cut down from April-20 to Aug-20 by 25%.
But even after August 20, they did not only pay me my initial salary but my salary was cut down a lot more and irregular.
The total pending is about AED 95,000+ to be received to date. Also, the company did not pay for insurance renewal and I was forced to take my own medical insurance for myself & to sponsor my wife's visa & insurance.
I have decided to resign and cancel my visa immediately due to a new job offer.
Is it better to raise the case while on their visa or after changing their visa?
Within how many days should I raise a case after changing my visa and cancelling my work permit?
Kindly provide your opinion on how to proceed.
What are the chances that I get my pending salaries in full and gratuity?
Mar 2, 2022
389
حقوق الزوجة في حالة الخلع فيما يتعلق بالنفقة والحضانة 0
السلام عليكم،
في حال تقدمت للخلع بسبب الإيذاء النفسي والهجر داخل المنزل واستمرار الصراع، هل أحصل على حضانة الأطفال؟
وما الذي أحصل عليه فيما يتعلق بمصاريف الأطفال؟
علمًا بأن لدي أربعة أطفال.
وكم يستغرق حكم الخلع؟
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Is it legal that my employer terminates me after resigning? 0
Is it legal that my employer terminates me after resigning?
While I have a signed copy of my resignation from HR and my direct manager dated almost 20 days prior to the termination letter disclosing that I breached the contract according to Article 120.
Jan 28, 2022
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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
Dear questioner,
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My daughter also lives in Dubai and has an HSBC account.
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I live in the UK.
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376
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.
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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.
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Feb 10, 2022
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