Questions & Answers
Questions & Answers
4 available 4 • View allSeeking compensation or cancellation for delay in property delivery


15
Q: I've purchased an off-plan property in Dubai which was due for handover in Dec 2017 but still incomplete (approx. 80%).
70% has been paid from a purchase price of 1.8 million. Am I entitled to compensation for the delay or can I cancel the purchase in its entirety?
Thanks



Jan 23, 2019
14757
Claiming compensation and full refund due to delaying property handover


2
Q: Hi,
I need advice.
I have purchased a property that is still under construction.
Payment terms were 40% during construction and 60% on handover. I have paid 70% (not mentioning developer name here).
As per SPA, the handover was supposed to be Dec 2018 and it has been delayed for over 15 months. Expected possession is by end of the year.
I would like to know about the chances of getting compensation for delay (mainly covering potential Rent loss or Interest cost) or I would like to terminate the SPA and receive whatever I have paid.
Can someone please advise what is the average fee to the lawyer and court expenses?
Litigation expenses: Will it be payable by the developer in case the court ruling is in my favor?
Thanks!



Apr 1, 2021
626
What to do when the developer is late in delivery and asking for payments?


1
Q: I booked an apartment in a building under construction.
I paid as per the plan but the developer couldn't complete it in time for about 2 years and it remained under cancellation as per the DLD site.
Then they restarted construction and now they have completed 70% of the project and up till now more than 3 years late.
Now, they threaten to give them the remaining payment and we want to cancel the next payment due at the time of handover as per the agreement.
Please advise what should I do and what is my legal position



Sep 12, 2021
1181
What can you do when the developer delays the property handover date?

0
Q: Good morning,
I have a question in regard to delayed property handover.
In March 2019 I deposited 5% of the property value and signed the reservation form which stated the unit price (736,000). I was promised (verbally) that the handover will be in August 2019.
A couple of months later, I received the SPA which stated the same price and the new completion date which was set in February 2020. I refused to sign until they changed to the agreed date.
2 years after this date, I paid 20% of the unit price in total and I am refusing to pay the 5% left as agreed in the reservation form.
I met with the developer more than a year ago (October 2020) and he said he will reduce the price of the unit. But when I went to sign the SPA again, the unit price was the same and the completion date was left blank to which I have refused to sign again.
I received the handover notice today (7 days later than stated), the developer doesn't respond. What can I do?
Thank you in advance.


Dec 28, 2021
234
Legal blog
1 available 1 • View allلمحة قانونية عن غرامة التأخير والفسخ في عقود المقاولة 0
عرف قانون المعاملات المدنية الإمارات في المادة 872 منه عقد المقاولة بأنه العقد الذي يتعهد فيه أحد طرفيه بأن يصنع شيئاً أو يؤدي عملاً لقاء بدل يتعهد به الطرف الآخر. وينقضي عقد المقاولة إما بانقضاء العمل المتفق عليه أو بالفسخ، وفي الحالة الأخيرة، يتم التعويض على الطرف المتضرر من الفسخ كما هم معمول به قانوناً وعرفاً.
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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
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
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
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