Questions & Answers
Questions & Answers
8 available 8 • View allRefund from the developer

5
Q: REFUND FROM UNPROFESSIONAL DEVELOPER, NO CONTRACT, NO OQOOD, NO PROGRESS
We purchased properties with Royal Estates in DIP - we have paid approximately 25% of the final value already, however they have broken the law on at least 2 issues, as they haven't given us a contract within 15 days of our reservation form plus there is no Oqood. There is no work on the site also.
The developer is constantly making excuses for past two years and is most unprofessional and unhelpful - they are unlawfully keeping our money. The reservation form is null and void as we purchased in 2015.
Is there a way we can get a straightforward refund from the Escrow account that DLD holds? There's no point for a court case as there's no challenge with the developer - anyone can see they have breached law, and I'm sure Dubai want to keep a good reputation to foreign investors without making things legally expensive and messy.
Your advice on the law for this simple situation is appreciated,
Thank you


Oct 1, 2017
3126
Exiting a property purchase and seeking refund from the developer
0
Q: A client has entered into a contract for purchasing a property in instalments.
The company had refused to give him a contract to sign, refused to assign him a representative and in turn, he has defaulted on at least one instalment.
He wants to exit the contract but the company would not refund his deposit. What are his rights?

Oct 9, 2017
2049
Refund case against the developer for project over-delay
0
Q: We are based in England, and we have invested in one of the projects called Lawns III at Jumeirah Village, Dubai in April 2009.
We paid about AED 448335 to a company called DEC LLC, P.O. Box 333876, and came to know that the project did not even start.
Now, we are chasing to get the refund with no answer from them and would like to know our right to get the refund in full with no delay.
Could you also provide me with legal help in order to submit my case?

Jan 10, 2018
1932
Rescinding a property reservation agreement and getting refund

3
Q: I have purchased a property in Dubai in Dec 2017 by putting a 30% deposit of the purchase price to the Developers account and received the reservation form and receipts only.
However, I still do not have the SPA or OQOOD as of Aug 2018. The developer has been saying the SPA templates have been getting delayed at DLD.
Per the reservation form, I have an upcoming payment in Sep 2018, however, I do not want to pay this as I still don't have the SPA or Oqood which is my legal document and there is no escrow account per DLD website.
What is my legal position here and how can I get this resolved or can I get refunded given there is no contract as yet?
Please guide


Sep 20, 2018
4410
Termination of sale and purchase agreement for breach by developer
3
Q: I am in a situation where I have purchased a property and paid Oqood and DLD last year Feb 2017. The agreement was supposed to be ready by the 2nd quarter of 2018.
However, without communicating the developer says it will be ready by the 2nd quarter of 2019. I found this is on his site.
I have paid 30% of my payment by Feb 2018, and now a situation like job issues are going on. I need to cancel my unit.
What are the options? please let me know.
I think after December, my contract is not going to be renewed. So I'm in a big problem.
Please help me

Dec 20, 2018
1142
إلغاء الاتفاق واسترداد المبالغ المدفوعة لشقة قيد الإنشاء

1
س: أود الاستفسار عن رسوم مقاضاة مطور عقاري اشتريت منه وحدتين عقاريتين.
تم دفع 30% من قيمة العقار + جميع رسوم دائرة الأراضي والأملاك ولكن منذ 7 أشهر يماطل المطور في تسليمي العقد. ولا أعتقد بأن المبالغ المدفوعة تم إيداعها في حساب الضمان.
أيضاً، المشروع متأخر والثاني لم يبدأ بعد مع أنه من خلال نموذج الحجز مذكور بأن عمليات الإنشاء بدأت والتسليم في ديسمبر 2019.
أريد رفع دعوى لفسخ العقد وإرجاع جميع المبالغ المدفوعة. هل الدعوى مضمونة؟
لا أريد تضييع الوقت في تقديم شكاوى لدائرة الأراضي والأملاك.
وأنا من إمارة أخرى وليس لي الوقت للذهاب إلى دبي للشكوى ومراجعتهم. أريد توكيل محامي مختص للانتهاء من الأمر.


Feb 10, 2019
2654
إنهاء اتفاقية شراء عقار للتأخر بتسليم العقود والعقار
1
س: أود الاستفسار عن رسوم مقاضاة مطور عقاري اشتريت منه وحدتين عقاريتين.
تم دفع 30% من قيمة العقار + جميع رسوم دائرة الأراضي والأملاك ولكن منذ 7 أشهر يماطل المطور في تسليمي العقد. ولا أعتقد بأن المبالغ المدفوعة تم إيداعها في حساب الضمان.
أيضاً، المشروع متأخر والثاني لم يبدأ بعد مع أنه من خلال نموذج الحجز مذكور بأن عمليات الإنشاء بدأت والتسليم في ديسمبر 2019.
أريد رفع دعوى لفسخ العقد وإرجاع جميع المبالغ المدفوعة. هل الدعوى مضمونة؟
لا أريد تضييع الوقت في تقديم شكاوى لدائرة الأراضي والأملاك.
وأنا من إمارة أخرى وليس لي الوقت للذهاب إلى دبي للشكوى ومراجعتهم. أريد توكيل محامي مختص للانتهاء من الأمر.

Feb 10, 2019
450
How to claim the amount paid as an expression of interest?

5
Q: Hi,
I had paid AED 20k as an expression of interest to a developer for a property on 18th June 2021. After the new phase was launched, the price and payment plan was out of my budget and hence did not go ahead with the booking.
I filled up the refund form on 5th July and sent it to them. At the time of paying EoI, they promised that the deposit will be returned to my card in 2 days. I have been following up with the sales director since 5th July and he is not attending to my request and keeps saying he will check with the accounts department every time but never comes back with any update.
The receipt clearly mentions that it is a refundable deposit and says "within 60 days".
Please can you advise on my legal options and when can I start the legal procedure (when is considered as the end of 60 days)?


Aug 16, 2021
1369
Laws & Regulations
3 available 3 • View allExecutive 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
5122
Law 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
4826
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
3114

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