Q: Hi, I have an off-plan property with a developer which is 80% constructed. I am struggling with the payment of the next installment and they have demanded payment within 30 days from their legal team. Can you advise me of my options? They have threatened to de-register the unit if payment is not made.

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

Q: Hello, I purchased an off-plan apartment in Aug 2017 from a developer in Dubai. The payment plan is 50% prior to handover, 50% on handover. The property has been registered with Oqood, 30% have been paid to date as per installment schedule. The anticipated handover date was supposed to be October 2019. The developer extended the handover date till October 2020 as per the 12-month buffer they have under contract. They have claimed that the delay is due to their subcontractor going bust, so they have had to kick them out and replace them with a new one. As of Jan 2020, work has not started again on the project. My questions are: 1- Given the progress rate to date (30%), it is unlikely that they will be able to complete it on time. Can I take them to court now for an expected breach of contract? 2- Can they claim that their initial subcontractor going bust is a Force Majeure? Noting that they have never officially communicated this information to their customers (this was only mentioned verbally during a call).

Q: Hello I've booked a unit X (and paid 10%) in a tower C of a Project of 3 Towers (A, B & C) on the basis of a swap to another unit Y in Tower B when the latter is commercialized. There was a confirmation from the sales manager in Whatsapp for this arrangement. When Tower B has been launched, the sales manager requested me an additional 2% to secure the swap to Unit Y which I've paid (communications in Whatsapp). After that, he told me that the swap can't happen based on a newly revised policy when the new unit should cost at least 1.5 the already booked unit. I've explained my case to CRM with no follow-up until now. I've not signed any SPA yet and I didn't get yet the receipt of the last 2% sent to the new unit Y. What can I proceed with in case I want to secure the swap to Unit Y in Tower B? As well I want to cancel the whole thing? Thanks in advance for your advice.

Q: Dear Lawyers, I bought an off-plan unit in Dubai and paid 10% advance and 4% DLD. The developer has placed a 10% advance in the escrow account and 4% DLD under his own account to pay for DLD. All money has been debited from my account and SPA signed. I'd like to discontinue the project and terminate the SPA. The developer has a 10% retention clause for any amount deposited with them which I understand but my question is can I get the DLD fee back? I haven't received any title deed or Oqood registration. How can I communicate to them officially to stop DLD registration if not done? Whenever I ask they say it's under process, I also never received any DLD reference number or email confirmation. Would appreciate your clarification. Thanks

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.

This Resolution approves the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.

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.