Questions & Answers
Questions & Answers
5 available 5 • View allCancellation 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
933
Termination of SPA and refund of down payment after losing income
0
Q: Good afternoon.
My name is E.,
I have been made redundant last week and I have paid down payment last year for an off-plan building. Is there any chance I can get that money back?
Thank you

Jun 23, 2020
449
What happens if you default on the instalments of a purchased property?
2
Q: Dear Sir/Madam,
I wanted some legal advice regarding my property issue.
I have purchased a quarter share of a hotel room investment in a project in Dubai Marina. I have paid about 31% of the total purchase price. I have signed all the paperwork and obtained the partial property deed.
Due to the Coronavirus, I am unable to continue to make the payments required. Now the developers are saying that by Dubai Law, they are allowed to keep 25% of the total purchase price from the monies I have paid.
I want to know if there is any case law or discretion that the developers have to consider in circumstances such as mine where I want to complete the transaction but I am unable to due to not having a job and financially being able to complete the transaction.
I am trying to sell the interest but at present cannot find a buyer.
Please let me know what my legal rights are if the developer does keep the full 25% of the purchase price, do I have any legal remedies?
Thank you
Z.

Jan 5, 2021
1000
What can you do when the developer delays the property handover date?

0
Q: Good morning,
I have a question in regard to delayed property handover.
In March 2019 I deposited 5% of the property value and signed the reservation form which stated the unit price (736,000). I was promised (verbally) that the handover will be in August 2019.
A couple of months later, I received the SPA which stated the same price and the new completion date which was set in February 2020. I refused to sign until they changed to the agreed date.
2 years after this date, I paid 20% of the unit price in total and I am refusing to pay the 5% left as agreed in the reservation form.
I met with the developer more than a year ago (October 2020) and he said he will reduce the price of the unit. But when I went to sign the SPA again, the unit price was the same and the completion date was left blank to which I have refused to sign again.
I received the handover notice today (7 days later than stated), the developer doesn't respond. What can I do?
Thank you in advance.


Dec 28, 2021
280
Who decides the percentage of completion on a property and how is it done?
0
Q: Hello,
Can I ask who exactly decides the percentage of completion on a property, and what checks are done to ensure this is correct?
I've been told the property I invested in is around 85% complete now at this time, however, on-site looks another story.

Mar 14, 2022
257
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
4882
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
3153
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
5178

Other answers by
Canceling my MoU and getting my deposit back due to a low bank valuation and overpriced property 1
Hi,
I wanted to purchase a 2-bedroom apartment in JVC Dubai. I gave a 10% security deposit cheque to the seller. The price mentioned in the MoU is very high compared to other similar apartments in the same building.
The bank’s valuation also came in very low. Since the valuation is much lower, how can I terminate the MoU and get my cheque back? The MoU ends on 1st October 2024.
One of the articles in the MoU states:
In the event that the Buyer fails to make the payments as agreed or fails to complete the transfer on the agreed date due to his own acts or omissions, the Seller has the right to terminate this agreement and retain the deposit, provided that the termination is due to a violation of the agreed terms, unless both parties agree amicably to different dates.
I need help urgently.
Sep 16, 2024
341
Absent repeatedly due to salary delays. Can the company terminate them without EOSB? 1
Dear Sir/Madam,
There is an employee who has been absent repeatedly. However, the company is not paying salaries on time, with regular delays in salary payments.
Can the company terminate the employee without end-of-service or notice period compensation if the employee cites occasional salary delays as the reason for their absences?
Jun 4, 2024
210
If staff did not come back from vacation, after how long can we terminate him/her? 3
If staff did not come back from vacation, after how long can we terminate him/her?
May 9, 2024
963
I was married in Abu Dhabi last year at the family court, is my marriage certificate valid in the US? 0
I was married in Abu Dhabi last year at the family court, is my marriage certificate valid in the US?
Jan 26, 2024
665
How is the probation period calculated exactly from the date of signing the contract? 0
Regarding the probation period, when is the deadline for an employer to terminate me if the DOJ anniversary is Friday 2nd Feb?
Will the six-month period end at midnight on the 1st, therefore completing six months, or can the employer still terminate on the 2nd?
Appreciate any guidance provided.
Jan 26, 2024
1533

Other answers by
Can I travel with a non-paid telecom bill in the UAE if my visa is canceled? 3
Can I travel with a non-paid telecom bill in the UAE if my visa is canceled?
Feb 16, 2023
811
Does the new property owner have to sign a new contract with the tenant? 3
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
2615
Cleaner's resignation with 30-day notice in incomplete contract 7
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
614
إثبات صورية شراكة كفيل إماراتي 1
السلام عليكم،
نحن شركة ذات مسؤولية محدودة ولدينا كفيل إماراتي صوري، ولكن بالرخصة التجارية هو شريك. هذا الكفيل صاحب أخلاق عالية ولا خوف منه ويعرف نفسه بأنه ليس بشريك فعلي.
السؤال: إذا، لا سمح الله، توفي فقد نخوض مشاكل قانونية مع عائلته، فما الحل القانوني الذي يمكن أن ننجزه معه الآن ضمانًا لحقوقنا مستقبلاً؟
Aug 16, 2022
499
العميل سدد المبالغ التي استخدمها ورفض دفع مبالغ الفائدة البنكية. هل يجوز ذلك؟ 2
السلام عليكم،
هل يحق للبنك في إمارة دبي أن يرفع دعوى جنائية أو مدنية ضد عميل لم يسدد مبالغ الفائدة بل سدد فقط المبالغ التي قدمها البنك أصليًا (مبلغ القرض فقط)؟
منحه البنك بطاقة ائتمانية بحجة أنه "قرض حسن بدون فوائد"، وبعدما استخدم العميل البطاقة الائتمانية بفترة زمنية قصيرة وفجأةً تم إرسال رسالة إلى العميل تفيد بأن هناك مبالغ متراكمة بسبب الفائدة البنكية بقيمة ٤٠٪ من القرض الأساس المُقدم إليه.
علمًا بأنه تم تزويد العميل بالبطاقة الائتمانية عن طريق البريد السريع لعنوان منزله بدون طلب رسمي من العميل بذلك، بالإضافة إلى أنه لا يوجد أي من المستندات التالية بين البنك والعميل:
١- عقد. ٢- اتفاقية. ٣- شيكات كضمان. ٤- سند أو شريعة أو قبول خطي أو غير خطي أو توثيق يتضمن أي توقيع من الأطراف؛ بمعنى آخر، لا يوجد أي اتفاق على الإطلاق.
العميل سدد المبالغ التي استخدمها ورفض دفع مبالغ الفائدة البنكية المضافة سالفة الذكر.
الرجاء الإفادة ولكم جزيل الشكر!
Aug 14, 2022
285
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