Questions & Answers
Questions & Answers
4 available 4 • View allRight of the buyer to terminate the SPA and request refund for delay in handover


1
Q: I purchased an off-plan property in 2017 in Dubai.
Handover per the SPA was early 2018. I served a formal request for handover in 2018, however, the builder used 1-year extension as per the SPA and revised the handover date to early 2019.
Then in 2019, I enquired about the handover, but the builder used an additional 1-year extension as a remedy period. Again I enquired in 2020, construction was incomplete but the seller/builder promised mid-2020.
Now in 2021, the building is near to completion (but still not certified). However, I have raised a formal request to claim a refund as per the contract due to delay.
Can I personally go to the Dubai Courts service center and make a legal notice to the builder. I am a non-Emirati, however, a resident.
Please advise



Mar 29, 2021
189
Cases where the delay in property handover call for a full refund
1
Q: Hi,
I am seeking advice on property purchase.
In 2016, I purchased a studio with a completion date of Q2 2018, for 500k, with 70% paid at handover. So far, I have paid 140k+21k registration fees. It has been over 2 years since completion date with no signs of it completing till Q1 2021.
Due to this delay, I would like to inquire my legal right if I were to file a case and request for a refund from the developer.
The SPA states in case of force majeure, they can extend the completion by 1 year, after which they have an additional year under the seller's remedy period.
However, I have not received an email stating a force majeure, therefore, I did not issue a written notice.
Although, I have sent them numerous emails stating that I would like to cancel my unit and get a refund, however, I have been denied this request. They had said all such requests sent by email do not count.
Can someone please guide me, whether I should file a case or not?
Thank you!

Oct 11, 2020
514
Compensation for property handover beyond the exact date


1
Q: I purchased a property that was to be delivered on 15th June 2020 as per the SPA. It was also stipulated in the SPA that the developer can delay the handover by up to 12 months (15th June 2021).
The developer has informed me that they will hand over the property on 15th September 2021; meaning they are in violation of the SPA. I asked for compensation for the 3 months but they have refused.
How can I proceed with it now? Do I need to file a civil suit?



May 26, 2021
441
I have purchased an off plan property in Dubai and handover is delayed 

0
Q: I have purchased an off-plan property in Dubai. It should have been handed over in Sept 2019.
There is no communication or updates other than in the developer's online client portal where the date just keeps getting changed.
I have paid all required payments, the balance payment is due on handover.
Is there anything I can do at this point?
In Sept. this year, it will be 3 years overdue.


Jun 20, 2022
282
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
4878
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
3152
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
5174

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I seek to cancel a purchased property and get refund for delay in handover 0
Dear Advocate Sweta Singh,
I am from India and in Sep 2018, I purchased an apartment in a hotel. The hotel has not been completed and the delay is more than a year.
They have not paid any compensation as per the contract, nor do they talk about it. I have paid more than 80% in installments and paying it regularly.
Please help me, guide me on how to cancel the deal and get a full refund, or any other way which helps me recover my investment.
Regards
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Is it possible to apply a will issued in South Africa in the UAE? 1
Dear questioner,
My father (Muslim) has passed away in South Africa. He leaves behind 4 children, his wife (our mother) and his own mother.
He had a will for South Africa in which, I (oldest son) am executor. The will does state that it encompasses all property and assets wherever they may be.
He has various properties and assets in the UAE. My questions are:
1. Does his will have power in the UAE or will it be divided by Sharia?
2. What documents are required to wind up his estate?
3. What is the wind-up process within the UAE?
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How to access the bank account of my son who passed away recently? 1
My son tragically died in Dubai and his salary has been paid into a UAE HSBC bank account.
My daughter also lives in Dubai and has an HSBC account.
How can I access my Son's bank account, please?
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How can we access the bank account of a deceased person? 0
My uncle died 2 weeks ago in one of the private hospitals here in Dubai.
We have already completed everything regarding the repatriation of his body with the help of his employer and his remains are already sent back to our home country last week.
He used to give me an access of his ATM card before and I tried to access it just few days ago and I found out that there is some amount of money left on his bank account.
I am aware that he has some pending bank loan requests before he died, so I am afraid that amount might be the reason of such big amount.
Being the only family member of my deceased uncle, what should I do in order to make sure that the amount is from his savings and not from his bank loans?
In case the amount is proved to be his own savings, is there any chance for me to get the authorization to claim that amount from the bank to be used by his family?
He has a wife with 3 kids back home.
Thanks a lot in advance.
Feb 10, 2022
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I'm a new landlord of the property which is already rented.
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Cleaner's resignation with 30-day notice in incomplete contract 7
Hello,
Good afternoon!
My friend works as a cleaner for a cleaning company and she now wants to resign with a 30-day notice. However, she has not completed the two-year contract and has only served for 16 months.
Additionally, she has not taken any vacation leave. The sad part is that when she signed the offer letter, she did not receive a copy of it and only signed it.
I would be very grateful if you could let me know if she would have to pay or if her boss has the right to not accept the resignation if the notice period mentioned in the offer letter is more than a month.
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إثبات صورية شراكة كفيل إماراتي 1
السلام عليكم،
نحن شركة ذات مسؤولية محدودة ولدينا كفيل إماراتي صوري، ولكن بالرخصة التجارية هو شريك. هذا الكفيل صاحب أخلاق عالية ولا خوف منه ويعرف نفسه بأنه ليس بشريك فعلي.
السؤال: إذا، لا سمح الله، توفي فقد نخوض مشاكل قانونية مع عائلته، فما الحل القانوني الذي يمكن أن ننجزه معه الآن ضمانًا لحقوقنا مستقبلاً؟
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العميل سدد المبالغ التي استخدمها ورفض دفع مبالغ الفائدة البنكية. هل يجوز ذلك؟ 2
السلام عليكم،
هل يحق للبنك في إمارة دبي أن يرفع دعوى جنائية أو مدنية ضد عميل لم يسدد مبالغ الفائدة بل سدد فقط المبالغ التي قدمها البنك أصليًا (مبلغ القرض فقط)؟
منحه البنك بطاقة ائتمانية بحجة أنه "قرض حسن بدون فوائد"، وبعدما استخدم العميل البطاقة الائتمانية بفترة زمنية قصيرة وفجأةً تم إرسال رسالة إلى العميل تفيد بأن هناك مبالغ متراكمة بسبب الفائدة البنكية بقيمة ٤٠٪ من القرض الأساس المُقدم إليه.
علمًا بأنه تم تزويد العميل بالبطاقة الائتمانية عن طريق البريد السريع لعنوان منزله بدون طلب رسمي من العميل بذلك، بالإضافة إلى أنه لا يوجد أي من المستندات التالية بين البنك والعميل:
١- عقد. ٢- اتفاقية. ٣- شيكات كضمان. ٤- سند أو شريعة أو قبول خطي أو غير خطي أو توثيق يتضمن أي توقيع من الأطراف؛ بمعنى آخر، لا يوجد أي اتفاق على الإطلاق.
العميل سدد المبالغ التي استخدمها ورفض دفع مبالغ الفائدة البنكية المضافة سالفة الذكر.
الرجاء الإفادة ولكم جزيل الشكر!
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And when should a new tenancy contract be made?
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Evicting an employee from school accommodation while a labor case is pending 2
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If I have a travel ban in KSA, can I travel to the UAE on a work visa? 10
Hi,
May you and your family be blessed.
I'm extremely tense and need your kind feedback on the following issue.
If I have a travel ban in KSA, can I travel to the UAE on a work visa?
I have been visiting Dubai on a tourist visa without any problems.
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What should I do in this case?
Thank you respected.
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