Questions & Answers
Questions & Answers
4 available 4 • View allTermination of SPA due to the delays in delivery and getting refund
0
Q: I've signed a booking form only back in September 2016 for an off-plan project. As per the booking form, the expected completion date was Dec 2017.
I paid until mid of 2017 30% of the value of the property, as 70% was set to be after the handover. The project is now recently completed in 2021.
I have not signed any SPA and reservation agreements for the residential apartment. They did not give me reservation and SPA until the end of 2019.
I requested a refund of my 30% payment back in Jan 2020 due to significant delays. Now, the handover started and I don't want to pay the final handover instalment.
I would like to ask if I can claim a refund and compensation based on the facts above.

Mar 23, 2021
149
How to terminate the SPA of a property and claim refund for delay in hanover


0
Q: I entered into a SPA with some developers back in 2017 and paid 30% for a 2BR in a project. It was originally supposed to be delivered in Q2'18.
I want to get out of the agreement and ideally get my deposit refunded, what are my options, and how much legal cost we are talking about?
Thanks
J.



Mar 25, 2021
460
How to terminate a property SPA for delay in handover and request refund



1
Q: Hi All,
I bought a property in Dubai in May 2018. The timelines are mentioned below.
Dec 2017: the project was commenced.
May 2018: I bought my property (30% Paid and 70% Mortgage (upon completion))
March 2021: (66% project completed as per the RERA website).
As per my SPA, the project completion date was Dec 2019.
2020 being a force majeure year I am not sure if we are supposed to count that in the compensation period.
Other than that I wanted to know what kind of compensation should I expect and in what form (rebate on the property or cash).
I wanted a solution for 2 aspects.
1) Compensation
2) Terminate the contract.
Your inputs are highly appreciated.




Mar 24, 2021
466
In case of property handover delay, on which basis is it recommended to file a compensation case?


0
Q: Hello.
As per your practice, which option has a higher success rate in court cases related to apartment handover delay:
- 1. Compensation based on the RERA index (loss of income from leasing an apartment), or
- 2. Compensation based on actual rent you paid while waiting for your apartment to be handed over?
Option 1 has a higher compensation amount but have doubts if it looks strong as proof.



Oct 27, 2023
87
Legal blog
1 available 1 • View allWhat is Force Majeure & How Does it Apply During COVID-19 in the UAE 0
An interview-format article covering the topic of force majeure in the UAE, in light of COVID-19. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Feb 11, 2021
540
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
4831
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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Other answers by
337 337 answers •
View allCan a debt agency access AECB reports without consent for a 15-year-old closed case? 0
Dear Respected Lawyers,
Subject: Request for Legal Advice Regarding Unlawful Practices by a Debt Collection Agency
I would greatly appreciate your advice and guidance regarding a troubling issue my colleague is facing with a collection agency.
The company has been contacting the employer, urging them to ask my colleague to get in touch with them regarding a supposed liability.
This claim is related to a 15-year-old closed dispute with a bank credit card, and the issue seems to stem from outdated and inaccurate information on the AECB report.
Our main concerns are as follows:
Unauthorized Access: The company is accessing her AECB report without her consent. She has never given permission for them to retrieve or view her personal financial information.
How is it possible for a third-party agency to openly access and track AECB reports, especially for a dispute that was resolved 15 years ago?
Apr 8, 2025
82
I was evicted from my apartment to be sold but it was gifted and rented at a higher price. What can I do? 0
I was evicted from my apartment after living there for five years. My landlord informed me a year in advance that the lease would not be renewed because he intended to sell the property.
Prior to this, he attempted to impose a rent increase that was not compliant with RERA regulations, which I refused to accept. He then served me with an official Dubai Court eviction notice, citing the need to take back the property for sale.
Five months after I moved out, I discovered the property was rented out at a much higher price. Upon further investigation, I found that the ownership was transferred as a "Gift" rather than a sale.
This makes it seem like the eviction was only to raise the rent rather than a genuine need to sell.
Do I have a valid case for wrongful eviction against my landlord?
Also, under Dubai law, does transferring ownership as a "Gift" hold the same legal grounds as selling in justifying eviction?
Dec 18, 2024
98
Can I file a case for cyberbullying or defamation after my ex-wife's abusive messages? 0
Hello,
My ex-wife has abused me in chat and called me the following: illiterate, beggar, and said that I don’t have [------].
She called me a bad parent and a bad son.
Can I file a cyberbullying, defamation, or abuse case against her? What are my options?
Jan 3, 2025
119
I invested money in a business but my partner is removing me out from partnership. Can I pursue legal action? 0
Hi
I'm an Irish citizen and a resident of the United Kingdom. I got investment fraud in Dubai. I invested money into a business with a Pakistani national guy in March 2024 via bank transfer into his business account.
Now he's giving back the money which I invested in business after 9 months. He's preparing a letter from a local lawyer to kick me out of the business. I do not have any other option than to take out at least my money.
But it's unfair to me that he used my money in business and took all the advantage.
Some people say to me that if you claim money or take legal action against him, it will take too much time and I need to travel to Dubai to appear in court because it is a civil matter. But I'm not a resident.
How can I follow the civil case there?
That's why my partner knows that I can not do anything and this case keeps running long time and in the end nothing happens. But I'm thinking that I will submit a complaint through my embassy and I also have a solicitor in the United Kingdom.
Dec 24, 2024
61
Seeking justice and compensation for wife's loss due to medical negligence during childbirth 0
Dear Lawyers,
My relative lost his wife during childbirth due to clear medical negligence, as stated in the report from the DHA medical committee.
He had to relocate to India due to the situation and is currently working there.
Please guide us on the steps to take for justice and compensation.
Dec 19, 2024
87

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76 76 answers •
View allHow to take a legal action after being scammed by an individual and a corrupt lawyer? 0
Hello,
We have been scammed by an individual who did not provide the stated service. They took a lot of money and important documents. I have audio recordings of him talking about these things.
We had a bad lawyer in Iraq who stole property by forging documents. This man said he had many connections to help us. While it was true that he had connections, he didn’t actually help us.
Instead, he cooperated with the bad lawyer, agreed with him, and gave the bad lawyer all our important documents.
Dec 24, 2024
250
What is the difference between filing a criminal case or a financial case for business fraud? 0
Dear Lawyers,
What is the difference between filing a criminal case or a financial case for business fraud?
Can both be done through a lawyer?
Thank you!
Sep 24, 2024
92
How to recover my money after my 2008 property purchase was canceled? 0
Hi,
I purchased a property in 2008 and have now discovered that it has been canceled. I have all the documents and payment records.
Can you please help me recover it? If not, how can I recover my money?
Thank you!
Aug 26, 2024
118
Can I apply for a residence visa after availing the amnesty program? 0
Dear Lawyers,
In case the person avails the amnesty facility and does not want to return to his home country, but wishes to stay in the UAE, can he apply for a residence visa?
Aug 29, 2024
253
How can I recover my money with a hold on my account due to a remitting bank request? 0
Hello experts,
I have a hold on my bank account even though I have shared all the requested documents with the bank proving that the money belongs to me. However, they keep insisting that the remitting bank requested a recall.
Today, I received a notice of account closure from my bank. When I inquired about the amount on hold, I was informed that only the available balance will be issued via a manager's check.
The issue has been ongoing for almost 5 months now. Any advice on how to get my money back, please?
Aug 27, 2024
134

Other answers by
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
422
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
355
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
474
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
375
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
284
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