Questions & Answers
Questions & Answers
4 available 4 • View allRight of the buyer to terminate the SPA and request refund for delay in handover


1
Q: I purchased an off-plan property in 2017 in Dubai.
Handover per the SPA was early 2018. I served a formal request for handover in 2018, however, the builder used 1-year extension as per the SPA and revised the handover date to early 2019.
Then in 2019, I enquired about the handover, but the builder used an additional 1-year extension as a remedy period. Again I enquired in 2020, construction was incomplete but the seller/builder promised mid-2020.
Now in 2021, the building is near to completion (but still not certified). However, I have raised a formal request to claim a refund as per the contract due to delay.
Can I personally go to the Dubai Courts service center and make a legal notice to the builder. I am a non-Emirati, however, a resident.
Please advise



Mar 29, 2021
188
Cases where the delay in property handover call for a full refund
1
Q: Hi,
I am seeking advice on property purchase.
In 2016, I purchased a studio with a completion date of Q2 2018, for 500k, with 70% paid at handover. So far, I have paid 140k+21k registration fees. It has been over 2 years since completion date with no signs of it completing till Q1 2021.
Due to this delay, I would like to inquire my legal right if I were to file a case and request for a refund from the developer.
The SPA states in case of force majeure, they can extend the completion by 1 year, after which they have an additional year under the seller's remedy period.
However, I have not received an email stating a force majeure, therefore, I did not issue a written notice.
Although, I have sent them numerous emails stating that I would like to cancel my unit and get a refund, however, I have been denied this request. They had said all such requests sent by email do not count.
Can someone please guide me, whether I should file a case or not?
Thank you!

Oct 11, 2020
509
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
375
How to get refund from developer for never starting the project?


1
Q: How difficult or easy is it to obtain a refund from the developer who took installment payments but never made a project, then refused to refund funds for nearly 10 years?



Oct 5, 2021
334
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
4866
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
3145
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
5161

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هل يسجل الطفل قانونياً بالإمارات في حال كان الفرق بين عقد الزواج الشرعي والولادة تقريباً 166 يوم أقل من 6 أشهر؟ 0
السلام عليكم
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هل يمنع من استخراج شهاده ميلاد؟ وما هي الإجراءات والعقوبات المتوقعة؟
مع العلم بأن الأب معترف بالطفل قبل الزواج وبعده.
شكراً
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