Questions & Answers
Questions & Answers
7 available 7 • View allClaiming refund from property developer for delay in handover


3
Q: I had invested in an off-plan property with a developer paying 30%.
A year back, they offered me some discount to pay the balance (70%) in advance of handover mentioning it will be in May 2018, which I foolishly enough did.
The official handover date was March 2018. So it is delayed by more than a year grace period and I have not been notified in any way about any delays. They are no longer responding to emails.
The project shows completion of 82.18% at the land department website, but going by construction on-site, looks like it will take another 6-9 months, if not more.
Questions:
- Can I claim a full refund for money paid with interest?
- How much time does the legal process take because I have been told by some friends that the developer can drag the case for years?
- Any other option that I have as an investor to deal with a powerful builder?
Appreciate any advice that you can offer. Happy to share the documents for review.



Dec 17, 2019
709
Claiming refund for delay in property handover after full payment


0
Q: I have bought three apartments in a project and the delivery date was in 2018. I have paid 100% and nothing is pending.
The builders informed me that the delivery will be in July 2019 but now they are saying the end of Dec for one apartment and the rest in 2020.
If I want to withdraw and cancel the contract, can I get the complete refund and will I receive the interest too?



Sep 30, 2019
773
Terminating the SPA of an off-plan property when the project is almost completed
5
Q: What is a probability to terminate an SPA with the developer in Dubai through the court if:
1. ACD was Q1 2017 + 12 m
2. Based on inspection of 02/2019, the project is complete over 93%
3. It is possible that the project may complete before or during the claim process but it is also possible that the project may be delayed further at least for months
4. According to the SPA, “the Seller shall not be considered to be in default or in breach of its obligations … to the extent that performance of such obligations is prevented … due to Third Party delays … or because of the time extension given to the Main Contractor by the Consultant Engineer .. for reason whatsoever”.
Although it is likely that the delay has been caused by the Seller or due to reasons within its control (e.g, delaying payments to the Contractor), how can the Claimant access such evidence and does it matter given points 2-4?

Sep 3, 2020
768
A property bought in 2014 and has not been handed over yet. What to do?


1
Q: I purchased a property in 2014 and the developer has not handed over it yet.
What can we do?



May 9, 2021
338
How can I terminate the purchase agreement of a studio for delay in the handover date
0
Q: Good Evening,
I have purchased a studio last March 2021, I have already paid 30% of 171,000 for the unit.
The handover was supposed to be in July 2021 but unfortunately, it will take more time at least January 2022. No deadline confirmed
I called DLD to check if my apartment is registered but they said they cannot find anything.
I have mailed the developer many times for 5 months but no replies for the registration update.
I would like to check, will it be possible to get my money back if I file a case?
Please your answers are very important cause I am worried.

Sep 14, 2021
283
How to cancel a property purchased by a foreign company as the law doesn't allow it?
0
Q: I have a foreign company registered in South Africa that has signed a SPA with a developer in Dubai.
However, the unit that we bought has not been registered with Dubai land affairs as apparently, foreign companies cannot own property in Dubai.
We have paid 51% of the money and the developer is refusing to cancel the Agreement as according to our understanding the contract is invalid as it has been signed with a foreign company.
And legally, the company can't own the property that the foreign company has signed the Sales & Purchase Agreement for.
Can you advise, please?

Mar 7, 2022
214
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
218
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
4833
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

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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
426
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
358
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
477
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
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.
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
287

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313 313 answers •
View allCan the landlord request the tenant to pay the chiller in the middle of the contract? 0
I live in Dubai Marina, and the landlord claimed that according to new Dubai Land regulations, the chiller now has to be paid by the person occupying the apartment.
Even though my contract says that the landlord should pay the chiller, they want to implement this mid-contract.
I understand that the terms upon renewal will be renegotiated, but on what grounds can they implement the change mid-contract?
Does a new DLD regulation precede a tenancy contract? Moreover, I am receiving a disconnection notice from the chiller company due to non-payment.
What can I do if this happens?
Please advise.
Mar 23, 2022
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Can I travel with a non-paid telecom bill in the UAE if my visa is canceled? 0
Can I travel with a non-paid telecom bill in the UAE if my visa is canceled?
Feb 16, 2023
729
Does the new property owner have to sign a new contract with the tenant? 0
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
2568
Cleaner's resignation with 30-day notice in incomplete contract 0
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
562
The ownership of a code of a web application 0
Hello,
I represent a tech-based marketplace company registered in a Freezone, in the UAE.
This is in regards to the UAE's law regarding the ownership of code when there is no clause mentioned in the agreement. One of our products (web application) is being developed by an agency in the UAE.
While we do have agreements in place, there is no clause regarding ownership of code. In the situation mentioned above, I've heard that the ownership of code either goes to the author or the agency that employed the author. Is this true?
Your assistance and help would be of great help.
Sep 7, 2021
319
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