Questions & Answers
Questions & Answers
5 available 5 • View allDefaulting on property installments and refund from the developer
27
Q: Refund from Escrow Account
I have purchased a unit from Danube Properties. According to them, the project handover will be in 2024 or 2025.
Due to some unexpected financial crisis, I can’t pay the instalments, due to which I have some penalty amount as well.
My question is if I cancel the unit, will I get the refund of my monthly payments since the account to which I am transferring the amount is an escrow account, not the direct Danube account?
Thanks

Jan 10, 2019
7038
Termination for defaulting on the payments of a purchased apartment and claim of refund

0
Q: Defaulting on property installments and refund from the developer
I have purchased a unit from a developer. According to them, the project handover was meant to be December 2019 but did not complete until mid-year 2020.
Due to the issue with the developer's payment platform from Nigeria being blocked by a firewall and some unexpected banking/financial regulations in Nigeria limiting the amount of foreign dollar transactions for the month, I can’t continue to pay the installments, due to which I have some penalty amount as well.
I received a letter from the land department (Oqood) requesting the termination of my unit.
My question is if my unit is terminated, will I get the refund of my monthly payments. On the document sent to me, It is stated that.
Paid amount: AED 154,260,000
Claimed amount: AED 189, 540,000
Thanks


Sep 8, 2021
408
Termination of property SPA after defaulting on instalments
2
Q: Hello,
I am a Canadian citizen, currently living in Canada, who was previously working in Dubai.
I own two properties that have both substantially depreciated from when I bought them, and unfortunately, the money I make here comes nowhere near the amount I need to pay back in Dubai per month.
I have debt collectors threatening my family and me, and I want to make it all go away. I am asking if there are any steps I can take to solve this issue, such as declaring bankruptcy.
Honestly, I cannot afford much and just want to live in peace. I am willing to give up both my properties, take in loss so far and just start fresh.
I apologize for not giving any names, and I have been on the blunt end of many scammers in the UAE and people threatening my family, so I would rather keep things anonymous for a while till I feel safe.

Jul 26, 2020
610
What can the seller do if the buyer cannot continue with the purchase of property?
2
Q: We signed DLD Form A, and agreed to buy a villa worth AED 11.7M, and gave a security cheque of AED 1M. But now due to some funds issues, we are not able to buy that villa.
We are requesting the seller to terminate the contract and also we will bring any other buyer for you. Now, the seller doesn't want to cancel the contract and threatens that he will deposit the security cheque.
Can anyone guide how to come out of this issue?
Will you assist us with this, please?

Sep 30, 2022
334
Can I stop paying and terminate the property purchase with refund for delaying the project?




0
Q: In 2023, I purchased a property and began making monthly installment payments through their 1% payment plan. Unfortunately, due to financial struggles caused by my business collapse, I’ve been unable to continue paying.
Despite the project being only 10% complete, the developer refused to grant me additional time, and instead, began adding penalties. As I'm not based in Dubai, communication has been difficult.
They’re threatening to terminate the contract, forfeiting all the amount which I paid so far. I’ve already paid them 30%. They are demanding immediate payment despite my current bankruptcy.
Is there a chance to recover the amount I’ve paid so far?
How much will they deduct?
Will they forfeit the entire amount I’ve paid?





Oct 21, 2024
39
Legal blog
1 available 1 • View allThere is an execution against me in the UAE; what should I do? 39
There is an execution against me in the UAE; what should I do? How do I cancel the arrest warrant and summons, and how do I deal with the travel ban? Dear readers, we present this simplified article, in which we explain the implementation procedures briefly, how the defendant can deal with them, and the options he can take to enforce the judgment smoothly while decreasing the damages of implementation as much as possible.
Apr 18, 2024
3863
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
4819
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
5119

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
125
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
117
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

Other answers by
10 10 answers •
View allA client cancels the contract and refuses to pay. What to do? 0
Dear sir/madam,
We were contacted by a large firm in the UAE. We agreed, put a contract, and got an LPO from a client. It was a 6-week project.
We started & followed all the processes, got approvals for each task as per the approved project plan, did revisions they requested. For a few items, we needed the client's feedback or inputs but they didn't provide them at all.
For 4 weeks, we sent reminders, calls, emails. No response or updates. It was affecting us; 6 weeks is over.
Today, we got an email saying they are canceling the PO and not paying at all. The PO clearly states "partial payment" is included. Our contract states delays caused by clients are their fault and are payable. We have full proof of work, emails & records.
We want to take legal action and get compensation for all work done, delays, time wasted, and damages as we had to stop other work.
Please advise!
Nov 3, 2021
249
Resignation from a Freezone company and paying compensation 0
Hello,
I would like to seek your advice regarding my situation. I have recently resigned from a Freezone company. I have a Fujairah visa. I was able to complete my first contract of 3 years.
This year, I have renewed my contract and after 6 months, I decided to resign. I've completed my render period of 30 days.
Now, my boss is telling me that in lieu of my contract termination, I am not entitled to receive gratuity and cannot encash my unused leaves as I have to payback my visa renewal and medical fees including the cancellation.
He also mentioned that I am reliable for the "early termination compensation" which means I have to pay half of three months salary and allowances. I have tried to call MOHRE but they said that Freezone is not part of their scope.
Nov 1, 2021
1351
Can a business based in Germany sue a customer based in Dubai for defamation? 0
Can a business based in Germany sue a customer based in Dubai for defamation because of a google review based on facts?
What are the possibilities and does Dubai allow foreigners to sue?
Nov 11, 2021
228
Do you have to be personally present to check and remove a cheque case? 0
The bank filed a criminal complaint about a cheque of 200.000. I'm not in the country.
If a lawyer has a POA from me, can go to the police station, find out what's the situation and pay a fine on my behalf?
Or I am the only one who must go to the police for the fine?
Also, can the lawyer ask for a police clearance certificate?
Nov 11, 2021
253
How to check possible issues for improper company closure before returning to Dubai 0
I have a company in Dubai. There is a partnership firm. My wife was very ill and I went to India, so my partners were running the business secretly.
They don't inform me about any matter so we decided to cancel our partnership. But I can't go to Dubai due to the Corona situation. I am in India for the past 8 months.
I just contact my friend in Dubai. He told me that my partners canceled their partnership in the old company and started a new firm.
Is there any problem to come to Dubai on a visit visa to search for a new job?
Nov 9, 2021
196
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