Questions & Answers
Questions & Answers
7 available 7 • View allRefund case against the developer for project over-delay
0
Q: We are based in England, and we have invested in one of the projects called Lawns III at Jumeirah Village, Dubai in April 2009.
We paid about AED 448335 to a company called DEC LLC, P.O. Box 333876, and came to know that the project did not even start.
Now, we are chasing to get the refund with no answer from them and would like to know our right to get the refund in full with no delay.
Could you also provide me with legal help in order to submit my case?

Jan 10, 2018
1925
Terminating a property SPA with compensation for delay in delivery
0
Q: I bought a property in Abu Dhabi and the completion date as written in the agreement is in 2014 and the project has not been finished to date.
I have contacted the developers several times and met with them and they keep failing their promises.
What do you advise, should I file a case to terminate the Sale & Purchase Agreement (SPA), can I claim for compensation for the delay?

Apr 17, 2018
1051
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
14769
How to terminate the SPA of a property and claim refund for delay

1
Q: I have purchased an off-plan property from a Dubai based developer. The project is delayed and not yet completed and the DLD App is showing 85% progress.
As per the SPA, handover date is Q2/2018. I've sent 2 delay notices already during the last years, to the developer as per the SPA.
The developer verbally informed me that the Building Completion Certificate is planned in November and completion notices due on December 2020. This cannot be trusted as last year they informed the same.
Further, the developer's agent is just saying now I can't terminate the SPA since the progress achieved is more than 85% - as per the UAE property Law. This is not in line with the SPA as per my understanding.
40% of the apartment amounts are paid timely and in full together with 4% DLD Fees. Balance 60% is due only at the handover.
Currently, I want to terminate the SPA and obtain a full refund. Please advise legally how to take action on this requirement?
Thank you and waiting to hear from you.


Oct 13, 2020
595
استرداد الأموال في حالة تخلف المطور عن تسليم الشقة في الموعد المُحدد
1
س: السلام عليكم،
أنا مواطن سعودي. اشتريت شقة في دبي من شركة وكان الاتفاق حسب العقد المبرم بيننا أن ينتهي التشييد في الربع الأول من عام 2020، ولكن للأسف الشديد لم ينجز سوى 20٪ من المشروع وأريد استرداد أموال من المطور علمًا بأنني دفعت كامل المبلغ خلال الربع الأول من عام 2019.

Jan 21, 2021
173
Can the developer rent the apartment before handing it over to the buyer?


0
Q: Can a developer rent your ready apartment before handover and then give you a supposedly used apartment on the final instalment payment?
Note: due to issues on VAT and Snags, the final instalment has been delayed and also the project actual handover was delayed by +24 months from the original date.



Jan 25, 2021
204
How the objection of a client be dealt with after being notified for termination by DLD?


2
Q: I have been notified by DLD that I am in breach of an off-plan sales agreement, and the developer wishes to terminate the agreement.
The date on the notice is March 9, 2021, and I received it from the developer on March 11, 2021. The notice says I have 30 days "from the date of being notified" to make the outstanding payment.
On the termination notice from DLD, a list of objections is present. One of the objections states that the developer must hand over the final SPA to me.
In this case, I have not received the final SPA from the developer. I made an objection in writing to the DLD pointing this fact out and sent it via email, and received a confirmation of the same from DLD by return e-mail on April 6, 2021.
30 days from March 9th is April 8th, or from March 11th is April 10th. Does the developer have to respond to my objection before the DLD will allow them to terminate the agreement?
In this case, will the time I have to make the payment be extended by any period?



Apr 19, 2021
1405
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
4823
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
3113
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
5121

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Hi Mr. Younis,
Hope you doing good.
I see a lot of amazing replies from you where you give a clear picture of what needs to be done next. I would like to thank you for this support.
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إمكانية ضم المحضون لوالدته في الإمارات بعد سفره مع أبيه إلى سوريا 0
السلام عليكم،
أنا متزوجة منذ ٦ سنوات في الإمارات ولدي طفل عمره ٤ سنوات. طلب مني والده أن يأخذه إلى المول كي يلعب وذهب به إلى سوريا.
أريد أن أحصل على حكم محكمة بضم المحضون وحكم نفقة، وأريد أن أتأكد هل فعلاً يوجد قانون أو اتفاقية بين البلدين بهذا الشأن؟
Jun 2, 2022
225
How to get a divorce and split a joint property after I caught my husband cheating on me? 0
My husband and I are Romanian. We got married in Seychelles and live in Dubai. We own an apartment we bought one year ago.
I caught my husband using prostitutes. I have proof of it as entry logs to my apartment when I was at work, many girls have visited.
I want a divorce. Can my husband claim the apartment as it's jointly in our name?
Can he get into trouble for using prostitutes in Dubai?
Jun 4, 2022
364
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