Q: When purchasing an apartment directly from the developer (not a re-sale) in the UAE, is it improper to ask the developer for the property's title deed? A: When you buy a property under construction from the developer, a delayed sale contract can be issued with Oqood registration…

When you buy a property under construction from the developer, a delayed sale contract can be issued with Oqood registration. And once the project is completed, a title deed can be issued if the full purchase price is paid. The title deed should be available when you buy a property in a completed project, either from the first buyer or the developer.

When can the buyer get the title deed of a purchased property?

Questions & Answers

Questions & Answers

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The developer is delaying the issuance of the title deed

Q: It has been more than one year since I have made full payment for a ready to move in property. The developer has not given a date for issuing me the title deed. I complained to DLD. However, they told me that the developer has already been issued a fine, and now I have to take the matter to court. I have all the required documents to verify the above said. I want to know the following: 1) Can I sue the developer and ask him for compensation for the delay in issuing the title deed? 2) Can the developer charge me service charges when the title deed is still not issued? 3) How much (approximately) would it cost me to take the matter to court? Is it possible to have outside of the court settlement?

Oct 21, 2020

2464

The developer did not issue the title deed and mortgaged the unit to a bank

Q: I bought a property from a developer. We signed a sale and purchase agreement. The developer informed me that the title deed will be available by the end of the year. Now the developer is not issuing me a title deed and as per research, the title deed is submitted to the bank and the loan is taken on that by the developer. So I have two questions: 1. Is it legal to sell the property in Dubai even if this property is already mortgaged by the developer? 2. What case should I submit against the developer as they are not issuing my title deed? I have a SPA agreement and a written contract mentioned that the title deed would be delivered by the end of the year?

Jan 6, 2021

1004

The basis of paying the 4% fee for property registration

Q: I am an Emirati national and I have a unit in a building owned by a developer in Abu Dhabi; I have purchased it approximately three years ago. On 2 Oct 2018, I got an email from the developer that I need to pay 4% of the original purchase price to the municipality to get the unit registered under my name (title deed). This 4% needs to be paid by November. I purchased the apartment at approximately 1.3 million, however, the original price of the apartment was 2.2 million and they are charging the 4% based on that. I have also paid a 2% transfer fee when I purchased the apartment. What I'm saying is they expect me to come up with AED 86000 in one month or I would start getting fined. I don't think I have to pay anything. I've been to the municipality and their attitude was that someone must pay whether it is the developer or the unit owner, regardless of the circumstances.

Oct 11, 2018

652

Inability to handover an apartment to the buyer upon developer's delay. What to do?

Q: Dear sir/madam, I signed MOU to sell my apartment without using the DLD portal. It is vacant on transfer. I was expecting to receive my apartment from the developer but, as usual, they are behind on delivery. I decided not to sell the property as I have nowhere to go. I offered the buyer 90,000 AED compensation, but the buyer insisted on 10% which amounts to 380,000 AED. I received a 7-day notarized warning to pay 10% of the contract. To my knowledge, DLD will not accept MOU without using their portal. Will the civil court accept this type of case? Can I fight the case based under force majeure, because I use an electric wheelchair to move around (people of determination), and the new apartment when ready is too small? The notarized warning letter stated that I received a deposit check, but I did not receive it. I did not provide a deposit check either. Your opinion is highly appreciated!

Aug 23, 2022

260

Laws & Regulations

2 available 2 • View all

Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai

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

4825

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

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

Elsayed Abdalla

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كيف يمكن لشركة ذات مسؤولية محدودة أن تعلن إفلاسها؟

Feb 3, 2022

1724

Can the new owner of an apartment increase my rent if it is against RERA Index?

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

109

I agreed with my landlord to increase the rent 10% I pay in cash. Should I insist on changing the contract?

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

135

Is it possible to terminate a labor contract before the end of the two-year term?

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

125

I have signed Form F and got the mortgage but the seller is in breach. What to do?

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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