Questions & Answers
Questions & Answers
3 available 3 • View allCancellation of an off-plan property while an SPA is not signed and the project is completed

4
Q: I booked an off-payment plan in 2016 for a residential project in Dubai.
As per the booking form, the expected completion date of the project was Dec 2017. The project was completed recently in Feb 2021.
I paid 30%in installments and the remaining, 70%, is due for payment now at the time of handover.
I only signed the booking form in 2016. Neither developer initiated the reservation agreement and SPA nor I approached the developer till 2019.
I did not approach because I was not aware of any such documents. Due to significant project delays, I applied in Jan 2020 for a request of refund.
Afterward, I continuously followed up for the whole year. Now, they sent me the final notice that the project is completed and if I do not pay the remaining amount within a month, then my unit will be canceled.
I would like to ask:
Based on the above facts, what are my legal rights to claim a refund or compensation as I don’t sign the SPA and I already paid 30% of the amount to the developer?


Apr 18, 2021
1717
How to terminate property SPA and get refund in case of defaulting on payments

2
Q: I bought 2 flats, off-plan, in Dubai. The developer completed the project 2 months late and now requesting the remaining balance.
Due to the pandemic, I lost most of my savings and my income has significantly reduced, so I am unable to pay the balance. I requested to change my payment plan and the developer did but added 6% on the top of the total price.
I am disappointed with such a decision considering I joined the project from the start, so should gain some loyalty. Whereas they are offering a 25% deposit + 4 years post-handover payment plan to new buyers now with no interest.
I tried to sell the apartments but this didn’t go down well due to the current pandemic situation and the developer refused to help. I am left with no choice but to terminate both agreements.
I would like legal advice on how to terminate the agreements as I have never done it before and if there is any chance to get any money back from the developer.
Many thanks.


Jul 4, 2021
693
Claiming refund from property developer for delay in handover


3
Q: I had invested in an off-plan property with a developer paying 30%.
A year back, they offered me some discount to pay the balance (70%) in advance of handover mentioning it will be in May 2018, which I foolishly enough did.
The official handover date was March 2018. So it is delayed by more than a year grace period and I have not been notified in any way about any delays. They are no longer responding to emails.
The project shows completion of 82.18% at the land department website, but going by construction on-site, looks like it will take another 6-9 months, if not more.
Questions:
- Can I claim a full refund for money paid with interest?
- How much time does the legal process take because I have been told by some friends that the developer can drag the case for years?
- Any other option that I have as an investor to deal with a powerful builder?
Appreciate any advice that you can offer. Happy to share the documents for review.



Dec 17, 2019
705
Laws & Regulations
4 available 4 • View allLaw 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
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
4823
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
Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.
Dec 15, 1985
148362

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Canceling my MoU and getting my deposit back due to a low bank valuation and overpriced property 0
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I wanted to purchase a 2-bedroom apartment in JVC Dubai. I gave a 10% security deposit cheque to the seller. The price mentioned in the MoU is very high compared to other similar apartments in the same building.
The bank’s valuation also came in very low. Since the valuation is much lower, how can I terminate the MoU and get my cheque back? The MoU ends on 1st October 2024.
One of the articles in the MoU states:
In the event that the Buyer fails to make the payments as agreed or fails to complete the transfer on the agreed date due to his own acts or omissions, the Seller has the right to terminate this agreement and retain the deposit, provided that the termination is due to a violation of the agreed terms, unless both parties agree amicably to different dates.
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