Questions & Answers
Questions & Answers
3 available 3 • View allCan you sue the developer after failing to hand over property beyond grace period?

0
Q: Dear, good day,
The developer failed to hand over the project by Mar 2020 as per the SPA. Installments were paid on time, he is in dispute with his construction contractor.
He wanted to change him since there was a fire at the construction site, however, the authorities granted permission to resume construction after the investigation is finished last year.
The developer still to this date failing to terminate the defaulted old contractor and appoint a new construction contractor which is causing a delay.
I have requested termination of SPA and claimed a refund but was declined. The project construction is still around 30% since more than 15 months where it should be 100% back in Mar-2020.
There is a clause in SPA to grant 1 year and 90 days (remedy period), I have sent a written notice to claim a refund as per the contractual clause and time frame.
Could you please advise what are the steps and chances to push the developer to refund full amounts? Should I start with RERA first?
Thanks in advance.


Jun 20, 2021
797
Possibility to refund property down payments for handover delay 

0
Q: I bought 2 off-plan properties in Dubai, a 2-bedroom in one project and a 3-bedroom in another.
I paid the Oqood and the 10% downpayment and then due to no financial liquidity, did not pay the payment plan which is 40% up to construction and 60% thereon.
I explained the situation to the developer via email and in-person meetings and I asked them to refund 50% of what I paid or consolidate both properties to make it easier.
Many other options are given but they did not cooperate for over 3 years.
The projects were delayed in delivery/handover. One was delivered later than committed and the other had to be delivered by 30-dec-2020 but even that till Jan 2021 was 68% done.
I have my life savings stuck in this horror deal since 2017 august and want to get out with something in my hand.
What can be done?


Jun 1, 2021
381
Can you claim compensation from the developer for delay in handover?

0
Q: Dear
I have paid 100% of my property payments and it was confirmed by the developer that they will hand over the apartment in the month of April 2021 but still, they haven't handed the apartment over.
When I called them today, they told me it will take another one more month but they are not giving a tentative date. Now we are paying the mortgage loan and monthly rental payment.
I am now getting struggle for paying both the loan and monthly rental. Can I claim compensation if the developer delay further?


May 30, 2021
494
Legal blog
1 available 1 • View allProcedures of Litigation and Execution in the UAE 42
Many people opt to go for litigation without hiring a legal professional, mainly because they can't afford it. This article provides a brief summary of the steps and procedures of litigation. As the process itself can be confusing to many, even after getting a favorable judgment, we present some tips to help them execute judgments issued by the court and get their rights if an amicable solution has not been reached.
Aug 5, 2021
21048
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
4851
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
3140
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
5151

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