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
1504
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
3165
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
1159
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
13788
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
753
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
616
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
406
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
144
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
243
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
4864
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
3145
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
5158
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
19132

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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.
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The procedures for filing for divorce on mutual consent 6
Dear sir/madam,
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My previous employer failed to pay my gratuity. Can I file a case 6 months after resignation? 4
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?
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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
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Can I cancel my house sale contract without extra fees after personal plans changed? 2
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?
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How to know if an offer letter I received from a company in the UAE is legit? 2
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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Tenant always late with payments, hasn't renewed contract. What to do? 2
Hello,
I have a tenant who is always late with their payment. Their renewal was supposed to be last December 2023.
Currently, they have not signed any new contract, provided any new cheques, and have stayed for three months from December until now without paying rent.
Additionally, I just discovered that they have sublet the apartment with partitions, which is clearly stated as not allowed in the old contract.
Please let me know what should I do legally!
Mar 14, 2024
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How soon will I receive the cancellation paper from my previous employer? 1
Dear Concern,
How long will it take to receive the cancellation paper from my previous employer?
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Tenant received renewal notice, rejected proposed rent on renewal day. What next? 2
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How to act against a civil case for a bank loan 4
Sir,
What will be the procedure when the bank initiates a civil case on a personal loan?
Jan 31, 2019
4205
Liability of daughter against the debts of her father 3
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.
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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
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Bounced cheque case for a loan after paying the fine 1
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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.
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Repercussions of defaulting on a bank loan and credit card 1
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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
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