Questions & Answers
Questions & Answers
5 available 5 • View allTerminating contract and claiming refund for project delay


4
Q: Hi,
I had purchased an off-plan property from a developer in 2017. The completion date mentioned in the contract is February 2018.
I have already paid 60% of the sale amount. The percentage completion for the project on the Dubai Land Department says 98% since the last one year.
Can I get the contract cancelled and get my money back?
Regards
O.



Jun 16, 2019
910
Obtaining refund from the developer for project delay


11
Q: I booked an off-plan studio in R.E.P. DIP. The developer posts to me the contract to sign. I signed the contract and posted it back to their address.
The texture property In Dubai has been dealing and I transferred 10% to reserve the unit in June 2015. I have paid over 30% until the end of Dec 2016.
I stopped paying the rest of instalments because after viewing 0% construction report through DLD website and neither developer has provided me Oqood.
There is still no construction as per the DLD report for project number 1514. I am considering to get a refund.
The total price of the studio is AED 330000. 10% at the outset, 36 equal instalments during construction, 20% on handover and 18 equal instalments after the handover.
I have paid 10% and 18 equal instalments out of 36 during the construction as per contract. Total AED 109,973.94 paid: AED 109,973.00
What are the possibilities to get a refund from the developer? How much would it cost?



Apr 19, 2018
5731
The right to claim refund from developer for breach of obligations
1
Q: I had invested in a project in Dubai in Oct 2018, in a 3 bedroom townhouse.
I have paid them 24% of the house amount till now but haven't received anything except for SPA and receipts from them.
No registration of the property has also been done wherein we were supposed to get the house in Dec 2019 the handover.
On checking, we got to know that they haven't even got permission from the land department for that particular row of townhouses in which we had booked our unit, and no construction has also happened till now.
They offered us another unit instead to take which they claim will get finished in Dec 2020.
But because they have been lying to us since the beginning and have taken money from us without any permission being in place, we want to exit from the agreement and get our money refunded.
Wanted to know what are we eligible to get money in this case?
Seeking the correct advice.
Please help.

May 19, 2020
412
Breaching a purchase agreement of a villa by a developer. What to do?

1
Q: Dear sir/madam,
I am from Pakistan and a cancer patient. I purchased a villa land from a developer and as per the agreement, they had to give possession after 20% payment but I paid 70% but they did not hand over possession and sent me a demand note of 100% plus more added amounts.
They did not comply with the terms and conditions themselves and kept on putting penalties on me. I am helpless. Maybe they will confiscate my money?!
It is a matter of life and death for me.
Can you help me, please?


Mar 6, 2022
248
I signed an MOU to purchase a property and paid the amount but the seller didn't provide NOC. What to do?




0
Q: I decided to purchase a penthouse in Abu Dhabi. I signed an MOU with the seller through a broker. The seller had a mortgage obligation with the bank. The mortgage amount was slightly higher than the transaction amount.
According to the terms of the MOU, I paid off the seller’s mortgage to the bank, covering the purchase amount, while the seller paid the remaining balance.
Sometime after my payment, the broker sent me a Mortgage Release document confirming that the penthouse no longer had any encumbrances.
Next, the seller was supposed to obtain the NOC, after which we would go to the municipality to transfer the title. However, the seller has not obtained the NOC!
According to the broker, the seller is disputing the amount assigned to him for payment by the management company and seemingly intends to sue the company.
It has already been three months since my payment!
The broker says that the seller is willing to sign a court document that would ensure my guarantees. Is this true?





+5
Nov 28, 2024
161
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

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
1728
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
113
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
139
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
129
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
899
Get quotes from lawyers
Find the right lawyer for your legal needs.
Submit your request and get multiple
competitive offers from
qualified lawyers.
Popular Q&A
View all Looking for something else?
Ask for advice from a lawyer