Q: I purchased an off-plan property a couple of years ago from a Dubai based developer. After multiple delays, the developer has agreed to allow me to withdraw from the SPA and swap with another unit they are offering in another building that has been handed over. As part of the cancellation, am I allowed to claim back the 4% fee I paid on the original property from DLD?

Q: I bought an off-plan property. After completion, I found out that the property didn't correspond of what I have signed in the SPA. I withdrew from the contract. The legal consultant of the company claims that I'm not entitled to have back my 4% which I have paid to DLD. As I never became in possession of my property I am wondering if I can claim back my 4% which I have already paid due to the fact that the property under my name needs to be deregistered? Thanks in advance for your help. Best regards

Q: Hello, My father had purchased an off-plan hotel room (rental-pool) in Dubai. He paid the deposit and all fees and has been paying all installments on schedule towards the developer's escrow account. However, the project's ACD was on June 19, with the six-month extension, Dec '19. He stopped paying the installments after the extension period (paid around %65) on the grounds that the project is yet not running and not generating him any revenue. According to the DLD, the project reached 100% completion on October 20. He asked the developer to cancel the SPA after the extension period, but they kept stalling and saying it is not possible. Moreover, they provided us with different dates for the ADC. The SPA says June 19 while the Property Reservation Agreement says Dec 19. Due to financial constraints, he cannot continue with further payments. What is the possibility to cancel the SPA through the DLD or Real Estate Courts in Dubai?

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.

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.

This Resolution sets the fees for registration of real property dispositions in the real property register, including those related to completed, under-construction, or offplan real property, as well as the fees for services provided by Dubai Land Department.

This Law applies to developers who sell units off-plan in real estate development projects in the Emirate of Dubai and who should receive payments from purchasers or financiers towards such real property units to the special escrow accounts.