Questions & Answers
Questions & Answers
4 available 4 • View allRescinding a property reservation agreement and getting refund

3
Q: I have purchased a property in Dubai in Dec 2017 by putting a 30% deposit of the purchase price to the Developers account and received the reservation form and receipts only.
However, I still do not have the SPA or OQOOD as of Aug 2018. The developer has been saying the SPA templates have been getting delayed at DLD.
Per the reservation form, I have an upcoming payment in Sep 2018, however, I do not want to pay this as I still don't have the SPA or Oqood which is my legal document and there is no escrow account per DLD website.
What is my legal position here and how can I get this resolved or can I get refunded given there is no contract as yet?
Please guide


Sep 20, 2018
4402
Restitution of down payment after cancellation of the booking
1
Q: Hello!
I bought an apartment in Dubai 1 month ago from a developer and the owner is [------].
A few days ago, the agent called me to say that there are some problems with the building named studio 101 and if I want to cancel my booking to come to the office.
I went to the office and I signed the cancellation form. After a day, I found out that they closed the office so I went to DLD to file a complaint. I did and now nobody knows what happen or where my money is.
I paid AED 120000 down payment and I was about to start paying monthly according to the payment plan.
I want to mention that when I paid the down payment they gave me a receipt but never told me if the money went to the escrow account where they were supposed to go.
Can someone help me, please? How do I get my money back?

May 7, 2019
1523
Time frame needed for the cancellation of purchased property and refund
0
Q: Salam.
My developer has agreed to give me a refund after AED 50000 deduction. But my concern is that they say it might take a long time. They wrote we shall issue a cancellation agreement which needs to be executed by both parties.
On submission of the documents and RERA approvals on the cancellation and refund from the escrow account, the fund will be released and your name will be de-registered against the unit in Dubai Land Department.
The above process can take anywhere between 1-3 months in normal times which we are hoping to still be able to do that now but may expect delays up to 3-6 months due to COVID-19. Can you please confirm if this is the case?

Apr 27, 2020
393
إلغاء اتفاقية حجز عقار
3
س: إلغاء اتفاقية حجز عقار
وقعت وثيقة حجز شقة ودفعت الدفعة الأولى وتم خصمها في حساب ضمان الشركة، ووقعت شيكات مؤجلة بقيمة 30% من قيمة العقار.
صارت لي ظروف غير متوقعة وأرغب في إنهاء الحجز واستعادة الشيكات، مع العلم بأني لم أوقع العقد النهائي.
هل يجوز لي ذلك؟

Jul 12, 2021
495
Laws & Regulations
4 available 4 • View allLaw No. (8) of 2007 Concerning Escrow Accounts for Real Estate Development in the Emirate of Dubai 7
This Law applies to developers who sell units off-plan in real estate development projects in the Emirate of Dubai and who should receive payments from purchasers or financiers towards such real property units to the special escrow accounts.
May 6, 2007
11347
Law 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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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
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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
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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
546
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
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View allكيف يمكن لشركة ذات مسؤولية محدودة أن تعلن إفلاسها؟ 0
كيف يمكن لشركة ذات مسؤولية محدودة أن تعلن إفلاسها؟
Feb 3, 2022
1719
Can the new owner of an apartment increase my rent if it is against RERA Index? 0
Hi
I'm a tenant of an apartment and a new owner has purchased the apartment. I would like to know:
1. Should I revise the Ejari by canceling the previous one and applying for a new one?
2. My current rent is 35% less than the current market value. Can the new owner change the rent as per the market value, or he still has to follow the RERA Index calculator for a new contract?
Nov 19, 2023
108
I agreed with my landlord to increase the rent 10% I pay in cash. Should I insist on changing the contract? 0
I'm staying in JLT in a house with a rent of AED 140,000 per year. The lease starts on 1st Sep '23 and expires on 31st Aug '24.
The landlord sent me a legal notice from the Dubai Courts in mid-Sep '23, giving me 1-year notice to vacate the house as he plans to sell the house. The notice was received by me through email from the court.
He claims the email notice sent by the court is not valid till I receive it by courier via Aramex for my physical signature. Can you please confirm if this is true?
The landlord is now ready to let me stay in this house for two more years. He has proposed that we maintain the existing lease agreement and Ejari. However, I should pay him AED 14,000 in cash (10% increment).
We will sign a separate paper document wherein we will agree that I will further rent increase of 10% (10% on (140,000+14,000)) on 1st Sep'24 when my current lease expires.
Should I insist on making a fresh written contract with the higher rent (140,000+14,000=154,000)?
Nov 18, 2023
134
Is it possible to terminate a labor contract before the end of the two-year term? 0
Hello.
I have been with my employer for 15 months, and my employment contract is for two years.
Is it possible to terminate the contract before the end of the two-year term?
Nov 24, 2023
122
I have signed Form F and got the mortgage but the seller is in breach. What to do? 0
Hi
I have signed the MOU Form F since July 2023 and we prepared all the papers and the loan from my end on 23/8/2023.
When I went to DLD for the transfer, the seller had registration issues and asked for some papers to be provided as the property is under the company not an individual.
Since that time, we have kept renewing the MOU every month in the hope of finalizing but I am not seeing any progress.
So I am asking about legal action as I already got a bank mortgage and started paying as well but not seeing any progress from the seller.
So I need to ask the following:
1. If my MOU expired on 20.11.2023, can I file a complaint on 20 or after a couple of days like 23?
2. What will happen in terms of 10%? Will it be returned and what about the fees paid to the bank like mortgage fees, evaluation, and cancellation of loan? Will the EMI payment be compensated by the seller?
3. What is your advice?
Thanks
Nov 16, 2023
889

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View allWhat does it imply when public prosecution puts an arrest warrant and no travel ban? 0
Hello lawyers!
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Thank you in advance
Dec 30, 2024
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I rented out a machine that burst into flames at the worksite. Can I claim compensation? 0
Dear Sir/Madam,
I rented out a machine two weeks ago. Today, I received news that it burst into flames at the worksite.
Can I claim compensation for the machine and the lost business opportunity until it gets replaced?
Jun 24, 2024
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Can a Muslim man marry a Muslim woman in the UAE law? 0
Can a Muslim man marry a Muslim woman in the UAE law?
Dec 27, 2022
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مغربي يريد الزواج مرة ثانية في الإمارات. هل يُطبَّق القانون المغربي الذي يشترط موافقة الزوجة الأولى؟ 0
السلام عليكم،
أنا مغربي وزوجتي مغربية، نقيم في الشارقة. أريد أن أتزوج امرأة ثانية مغربية. تجب موافقة الزوجة الأولى على التعدُّد في القانون المغربي.
هل يُطبَّق هذا القانون عليّ إن تم الزواج في الإمارات؟
Sep 26, 2024
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كيف نتعامل مع عامل غادر العمل وتغيب لمدة أسبوع؟ 0
السلام عليكم ورحمة الله وبركاته،
عامل ترك العمل نتيجة سؤال التحريات عنه، ولا يوجد مكان له نعلمه، وتغيب لمدة أسبوع. ماذا نفعل؟
Oct 2, 2024
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