Questions & Answers
Questions & Answers
9 available 9 • View allMisleading real estate marketing in Dubai
2
Q: I have purchased a property developed by a developer. They told me verbally that the property is located in Downtown, and in the SPA they used the location Burj Khalifa community developed by another developer.
As a first-time property buyer, I trusted them. Now, they are saying that the property is in Business Bay.
How can Dubai laws support a customer for the disguised real estate marketing or cheating?

Nov 28, 2017
1467
Refund 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
3120
Default in fulfilling obligations under off-plan property purchase
1
Q: I bought an off-plan property In Abu Dhabi and have paid some percentage as part of the flexible payment program for the down payment.
However, no sale and purchase agreement has been provided to be signed by both parties.
Construction did not commence and recently, the entire project has been moved to another developer.
I have been contacted by the new developer and was told the project construction start date is indefinite.
Based on this, can I get a refund as I only have the reservation agreement and no contract has been signed, plus the project has not started which will definitely not be completed in time (even with a six months delay allowance)?

Jul 17, 2018
1115
استرداد العربون بسبب مخالفة بنود العقد لاتفاق المشتري والمطور



2
س: دفعت مبلغ حجز لمطوِّر قبل توقيع أي عقود رسمية لشقة، عند معاينة شقة العرض للمشروع قام البائع بإبلاغنا بأن رسوم الخدمات ١٤ درهم وبأن الشقة سيتم تسليمها بنفس تفاصيل تشطيبات شقة العرض وأن العقد غير جاهز حاليًا وسيتم تجهيزه بعد يومين.
تم هذا كله أمام أحد الوسطاء العقاريين الرسميين، وعند طباعة العقود تبين أن رسوم الخدمات ١٧.٥ إلى ١٨ درهم والتفاصيل التي ذكرها البائع بشأن بعض التشطيبات كما بشقة العرض غير مذكورة بالعقد، وعند العودة الى البائع تردد وأنكر وبعد مخاطبة شركته، لم يتعاونوا معي أبدًا ولم يُعيدوا مبلغ الحجز.
كيف يمكنني استرجاع المبلغ علمًا بأنه يوجد لدي فقط وصل مختوم بالمبلغ المدفوع وشهادة شركة الوساطة العقارية؟




Apr 9, 2020
13761
Terminating the SPA and claiming refund for changing specifications



2
Q: Can a developer change the layout of the building as shown at the launch event and part of all brochures/online advertisements/model under the pretext that the same is not included in the SPA?
For the launch, we got convinced with the building design and layout but at delivery, it’s changed without prior intimation.
Can I make a legal case or can they take the guise that it’s not part of the SPA?
Can I get a refund for the 30% advance payment and refuse possession of the unit?




Jun 8, 2020
704
Legal steps to file a compensation case against developer for misleading information


1
Q: Filing a case against the developer for compensation due to misleading information, delaying the completion and handover.
I would like to see what are my chances to get compensation for all the misleading acts that the developer has done so far and also delaying the project.
Thank you.



Feb 18, 2021
570
Buying property in Dubai: Payment options for non-UAE residents




2
Q: Dear Sir/Madam,
I am from Italy and am currently in the process of buying a property in Dubai.
To arrange payment, I need to pay the seller via the manager's cheque. However, I am experiencing difficulties opening a local bank account as I am not a UAE resident.
The money for the property in Dubai comes from the sale of an apartment in Europe, but I am unable to open a bank account because I do not have a salary certificate.
Therefore, I have two options:
- Transfer the money to my girlfriend's bank account in Dubai and use her account to produce the manager's cheque in the name of the seller. The property will be 100% in my name.
- Use a Dubai law firm to arrange payment.
What is your recommendation?





Feb 19, 2023
379
What to do if developer does not acknowledge clearing service charges by court?


2
Q: I have purchased a property unit through court and have a court letter that clears service charges for the previous owner.
The developer OA acknowledged it but still has not amended it because of their bureaucracy (4 months so far).
Even though they acknowledged that the service charge was wrong, they sent me a legal notice through Molak that I had to pay in 30 days or they would auction the unit.
Now, I am not sure what to do, believe the developer and wait for them to fix the service charge, pay the wrong service charge to avoid legal action like auctioning the unit, or file a complaint with the court or RERA.



Sep 26, 2023
100
I bought a property off-plan and took me time to pay the 4% DLD. Can the developer cancel the contract?




1
Q: I have bought a property in Dubai off-plan. The villa was completed at the end of Jan (1.5 months ago). I haven't had the funds to register the property with DLD until now, mid-March.
Until now, I have paid the 20% deposit to the builder and taking 80% on mortgage. The mortgage with the bank is now ready with the manager's cheque and sent to the DLD office ready for registration.
As it has taken some time for me to arrange the 4% DLD, the builder is now telling me he is going to cancel the contract or charge me an additional amount as the market price has gone up.
Is this possible?
What rights does the builder have?
I am ready to register the property next week with DLD but the builder is threatening to take alternative action.





Mar 22, 2024
222
Laws & Regulations
4 available 4 • 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
4823
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
Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions 14
The provisions of this law On Evidence in Civil and Commercial Transactions (Law of Evidence) govern evidence in civil and commercial disputes in the UAE.
Jan 15, 1992
19093

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View allHow can I vacate my tenant if the rental agreement ends before the eviction notice deadline? 0
My Dubai tenant's rental agreement is ending by the end of September 2024 and the completion of 12 months of legally served Eviction Notice is the end of December 2024.
I have two questions:
(a) Can I send a rent increase notice 3 months before as the rent has increased as per the RERA rent calculator?
(b) The second question is, do I have to renew the rental agreement for 3 months (until December 2024) or not?
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May 1, 2024
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How can I reach a settlement with the bank for a mortgage of a jointly owned property? 0
I have a jointly owned property in Abu Dhabi. The mortgage was defaulted on as I had to leave the property with my children following an assault by my ex-husband. He left the country in 2018 and never paid the mortgage.
As I was in the country, the bank filed a criminal case against me, and I was sentenced to 3 years. I won the appeal against the bank and then filed another criminal case a few months later in Dubai. Again, I won and paid a fine.
In 2019, the bank started a civil case against me and my ex-husband to have the property repossessed. However, at the time of the purchase of the property, there were no Title Deeds, the bank requires this.
I cannot give them the Title Deeds to sell the property and pay back the amount owed to them as my ex-husband refuses to provide a POA. The bank has filed another criminal case against me only for our jointly owned property.
I wish to resolve this and pay off the bank and receive any money left from the sale. How can I resolve this issue of the Title Deeds?
Oct 4, 2022
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The procedures for filing for divorce on mutual consent 0
Dear sir/madam,
I am separated from my wife due to compatibility reasons. We got married in the Indian consulate in Dubai on December, 23rd.
We would like to file a divorce on mutual consent as soon as possible. May I get some advice here on the procedures?
Sep 13, 2022
677
My previous employer failed to pay my gratuity. Can I file a case 6 months after resignation? 0
My previous employer failed to pay my gratuity six months past now since I resigned, Is it possible to file a case against him after a 6 months period?
May 31, 2022
1276
Can a real estate agency hold a percentage of a property sale until transfer is done? 0
A real estate agency has signed an MOU stating that a 10% security deposit from the buyer and the seller will be kept in the real estate agency and will be released upon transferring the property.
The transfer of the property was blocked due to the court order.
According to my colleagues, the real estate agency is not a trustee and they are not allowed to have taken my security check in the first place, is this correct?
Jun 28, 2021
1273

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View allCan a Muslim man marry a Muslim woman in the UAE law? 0
Can a Muslim man marry a Muslim woman in the UAE law?
Dec 27, 2022
231
How to know the reason for rejecting the police clearance certificate? 0
In case of police clearance certificate rejection, do the police give a reason for rejection?
Apr 24, 2023
857
Can I cancel my house sale contract without extra fees after personal plans changed? 0
Dear Lawyers,
I signed a Form F with a buyer for the sale of my house as we were planning to leave the country. The contract was signed about a month ago, but the handover is not until August.
Due to personal circumstances changing, we are no longer leaving Dubai and would like to cancel Form F.
The Form F contract stipulates that we have to pay the buyer 10% of the purchase value. The real estate agent is now claiming that we also have to pay the buyer's real estate commission and the conveyancing fee.
Our understanding is that the 10% penalty is the only penalty. Which is correct, and what are the next steps to dispute this?
Also, is there any way to dispute the 10% itself under the law due to personal circumstances changing?
Jul 12, 2024
568
Can the landlord evict me from apartment for personal use if he lives in his own property? 0
The owner sent me a notice by email saying that he doesn't want to renew the contract for the purpose of personal use.
He didn't mention what this personal use means. He already has multiple houses for rent and he has his own which he is living in currently.
Is it legal to evict me?
Thanks
Aug 31, 2023
338
How to know if an offer letter I received from a company in the UAE is legit? 0
I got an offer letter from Al-Haldin Gulf Construction & Petroleum LLC. Can you please advise about the company?
Mar 18, 2024
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View allHow to act against a civil case for a bank loan 0
Sir,
What will be the procedure when the bank initiates a civil case on a personal loan?
Jan 31, 2019
4177
Liability of daughter against the debts of her father 0
To whom this may concern,
I returned back to Australia after 10 years in Abu Dhabi in 2015. As I turn 18 this year in November, I plan on visiting friends who are in the UAE for about a month.
I would like to travel with them around the country freely without any prosecution from local officials.
My father had to leave the UAE in 2016 for health reasons and has unpaid debts in the UAE, Abu Dhabi specifically.
I would like to know and have it in writing if I would be able to travel freely to the UAE at the end of the year and that I am not liable for my parents' debts/problems as I have no legal responsibilities for their actions.
Kind regards.
Jan 31, 2019
1400
Bounced cheque case for a loan after paying the fine 0
Hi
I have got a call from Dubai Police last week regarding my cheque bounce which I issued to the bank due to default on loan payment on time.
I paid a visit & they referred me to the prosecution & I got fine which I already paid and got clearance.
I want to know if the bank can still file a case against me & I still need to contact the bank for settlement or case clearance.
I am getting too many calls even after that, and the debt collector is actually harassing with the worst behaviour & back to back calls which actually ruined my personal life and put me in depression with high bp.
Thank you
Dec 31, 2018
2474
Repercussions of defaulting on a bank loan and credit card 0
Dear Sir,
I am an Indian national, and I defaulted on a personal loan & credit card payments. I lost my Job and I didn't pay my EMI and credit card payments.
I am seeking help from you, could you help me with this? I am not a willful defaulter. Now, I am In my home country.
Dec 8, 2018
1265
The right action for delaying the delivery of a purchased property 0
I have invested in a villa and it's been 19 months that my villa is still not ready and I haven't got the possession or either copy of the contract which I have signed with them.
How can you help in this regard?
Nov 26, 2018
576
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