Questions & Answers
Questions & Answers
3 available 3 • View allThe handover is delayed and the size of the property is changed. What to do?


1
Q: I have purchased a property that was due by the end of 2018.
A few days ago I have received a notification that the property is ready for handover, however, during the "snagging" I could see that the building will take at least few more months to reach completion!
Mashrooi states 92% completion only. I asked the developer for compensation for the delay - according to the contract, it should be 1% per quarter which should be 11-12% by now (3 years), however, he is saying he will do a maximum of 7%.
In addition, the drawing of the unit in my contract differs from the actual studio. The outline is different and the size of the unit is 35 sq. m. vs. 50 sq. m as shown on the drawing.
The developer points to another page where the 50 sq. m is stated as a gross area rather than a net area. However, if placed directly under the drawing of the studio, shouldn't this refer to the net area?
With the difference in size as well as the 3 year+ delay, do I have a chance to ask for a refund of my 50% investment?



Sep 5, 2021
686
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
391
What to do when the developer is late in delivery and asking for payments?


1
Q: I booked an apartment in a building under construction.
I paid as per the plan but the developer couldn't complete it in time for about 2 years and it remained under cancellation as per the DLD site.
Then they restarted construction and now they have completed 70% of the project and up till now more than 3 years late.
Now, they threaten to give them the remaining payment and we want to cancel the next payment due at the time of handover as per the agreement.
Please advise what should I do and what is my legal position



Sep 12, 2021
1188
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
4822
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
3113
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
5121

Other answers by
213 213 answers •
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Dear sir/madam,
I would like someone to be honest with me. I am in the UK. How long have I got to claim inheritance in Dubai?
I was reading in the Gulf News that the laws of the country of the deceased at the time of death can be applied regarding the will.
Is this true or false? I am really looking for these two questions to be answered first. Can anyone help me with this, please?
Mar 25, 2022
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Is it possible to apply a will issued in South Africa in the UAE? 0
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?
Feb 22, 2022
460
How to access the bank account of my son who passed away recently? 0
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?
I live in the UK.
Feb 17, 2022
364
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
275
How can I termination an SPA and claim refund from the developer for handover delay? 0
Hi,
I purchased an off-plan apartment in Dubai in 2017 from one of the projects in Dubai.
I was told that the handover is going to be in Q2 of 2019, until now, the apartment has not been handed over. During the delay, the developer has never communicated pertaining to the delay.
I have already paid 50% of the total value plus the DLD fees. As per Dubai [----], the project progress stands at 67%. Now, I need guidance and advice from a legal point of view.
What are my chances to recover my money from the developer?
If I go through a lawyer, is it possible to recover all the money I have paid?
Is there anything I can do to recover my money?
Thank you
Feb 1, 2022
281
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