Q: I purchased an off-plan apartment from a developer with payments plan 20/80. I have paid 20% so far plus 4% DLD. The developer has not given me my land registration yet. According to my SPA, the property handover is supposed to be in Q1 2020. I received a notice that the new completion date is now Q1 2021 but is doubtful. Project completion date is 46% as per the Dubai Land Department website. My question is, what action can I take to cancel my SPA and get a refund? Thanks

Q: Hi, I am seeking advice on property purchase. In 2016, I purchased a studio with a completion date of Q2 2018, for 500k, with 70% paid at handover. So far, I have paid 140k+21k registration fees. It has been over 2 years since completion date with no signs of it completing till Q1 2021. Due to this delay, I would like to inquire my legal right if I were to file a case and request for a refund from the developer. The SPA states in case of force majeure, they can extend the completion by 1 year, after which they have an additional year under the seller's remedy period. However, I have not received an email stating a force majeure, therefore, I did not issue a written notice. Although, I have sent them numerous emails stating that I would like to cancel my unit and get a refund, however, I have been denied this request. They had said all such requests sent by email do not count. Can someone please guide me, whether I should file a case or not? Thank you!

Q: Delay in property completion and need for cancellation and exit from SPA Hello All, I booked for an off-plan property in Downtown Dubai by a leading builder. The completion date was June 2018. However, the property was not completed in June of 2018. I received a note in April 2018 citing the new completion date would be Dec 2019. Since the completion date is well over the stipulated grace period in SPA, I had requested the builder for a friendly settlement by cancelling the SPA and refunding the money as per the default by vendor clauses in the SPA. This has been refuted by the builder and repeatedly says that they cannot cancel the SPA and neither can they refund the money. What are the options available?

إن الاستشارات القانونية هي أحد أهم أعمال المحاماة، وقد يعتقد البعض أنه ليس من الضروري تعيين محامي متخصص لأعمالهم أو شركاتهم إلا في حال التعرض لمشاكل قانونية، إلا أن حقيق الأمر تتطلب الحذر دائمًا، فبدلًا من أن تواجه ردود أفعال غير مرغوب فيها قد تكلفك الكثير من الوقت والجهد والمال، يمكنك الحصول على استشارة قانونية أياً كانت قيمتها فلا تقارن بقيمة الخسائر المادية والمشاكل القانونية التي قد تنتج عن التصرف بدونها، ولعل كثرة القضايا والمنازعات سببها عدم أخذ الرأي القانوني من أهل الخبرة.

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 approves the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.