Questions & Answers
Questions & Answers
4 available 4 • View allFiling a case and repossessing the property if the client defaulted on an installment
1
Q: I have a mortgage of 1.3m with a bank. It is a lease and the property is registered on my name. At the moment, I live outside the UAE and cannot sell the property because of COVID-19. There is a 40-day delay with payments - 1.5 installment is due.
The bank sent me information to clear the outstanding amount within 1 day or they will start a police case and repossess the property.
Is a 40-60-day payment delay long enough to start a police case and repossess the property?
What can I do to avoid consequences? I can settle the outstanding amount within 15 days.
I plan to sell the property when the borders get reopened.

Jun 21, 2020
845
Changing the contract due to buyer's failure to pay the installment on time
3
Q: A property was bought in Dubai on an installment plan. Due to some problems, the purchaser has failed to pay the last 2 installments but intends to clear the payments.
He has paid around 40% to 50% of the total amount, but now, the seller has sent him a notice that he is going to change the deed. Should the buyer step back considering that the seller is unreliable or should he move forward?
What should be the step to address the notice they have sent?

Apr 30, 2020
631
Failing to pay the final instalment for a purchased off-plan property
2
Q: I've signed a unit reservation form back in September 2016 for an off-plan project.
At that time, it was 40% completed. I paid until mid of 2017 10% of the value of the property, as the 90% was set to be after the handover.
Now, the handover started and I can't continue to pay any further amount. I didn't sign the Sale and Purchase Agreement (SPA).
What is the legal advice here?
Thanks

Jan 2, 2018
552
Termination of an off-plan property SPA and getting a refund
1
Q: Hello,
My father had purchased an off-plan hotel room (rental-pool) in Dubai. He paid the deposit and all fees and has been paying all installments on schedule towards the developer's escrow account. However, the project's ACD was on June 19, with the six-month extension, Dec '19.
He stopped paying the installments after the extension period (paid around %65) on the grounds that the project is yet not running and not generating him any revenue. According to the DLD, the project reached 100% completion on October 20.
He asked the developer to cancel the SPA after the extension period, but they kept stalling and saying it is not possible. Moreover, they provided us with different dates for the ADC. The SPA says June 19 while the Property Reservation Agreement says Dec 19.
Due to financial constraints, he cannot continue with further payments. What is the possibility to cancel the SPA through the DLD or Real Estate Courts in Dubai?

Nov 19, 2021
279
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
4821
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
5120
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
3112

Other answers by
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
1575
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
720
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
2544
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
544
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
307

Other answers by
157 157 answers •
View allكيف يمكن لشركة ذات مسؤولية محدودة أن تعلن إفلاسها؟ 0
كيف يمكن لشركة ذات مسؤولية محدودة أن تعلن إفلاسها؟
Feb 3, 2022
1717
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
99
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
130
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
121
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
888
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