Questions & Answers
Questions & Answers
9 available 9 • View allCancelation of contractual agreement
0
Q: Dear Sir,
Myself Kumar; We took one project on low-cost basis based on the client's representative's verbal inquiry. The contract also signed, we took 50% advance for that job also, after working in that project we found that we can not continue that job if we to do so we have to face a huge loss.
Shall we claim additional variation?
If they refuse to pay additional variation, shall we cancel the contract? (we are willing to pay the entire amount including advance)
Kindly advise the legal consequences on above points as per UAE law.

Jun 5, 2017
379
Car buying fraud
1
Q: We sold a car on dubizzle and accepted a bankers draft cheque, after 2 weeks we find out from HSBC the bankers draft is fake. It was for 370,000 Dhs, we have registered at the police, but feel nothing has been done.
We gave the police a copy of the guys I'd card, they confirmed he has 7 cases against him. CCTV will show him at RTA, why can't the police go to his home or work, I thought an ID card meant they knew where everyone is.
The guy is Emarati, how can we get our money back? We know the car has been sold on.

Apr 10, 2017
4052
Can I refund the advance paid to the seller of a car if I withdraw my offer?
3
Q: I paid an advance to a seller for a used car. I was supposed to pay the rest of the money and get the car registered the next day. Due to unforeseen circumstances, I couldn't complete the deal and called it off within 24 hours.
I requested for a refund of my advance amount, but the seller says he will not do that. I also found out later that he has not told the complete truth about how he got the ownership of the car. This also partially influenced by the decision to call off of the deal. We have not signed any contract saying that my advance money will not be refunded.
I want to know whether I am legally entitled to the refund of my advance?

Jun 7, 2017
2104
Car selling fraud
2
Q: I had a deal with a transport company to buy a vehicle. I had given them post-dated cheques to hand over the vehicle to me. After that, neither they handed over the vehicle nor returned the cheques.
I tried to contact them but all in vain. In the end, I had registered a case in Dubai Courts. The case was referred to AMICABLE Disputes Department. No one from that company came for the hearing.
A guy in AMICABLE Department told me that they tried to contact the company on contact details e.g. mobile number, landline and fax & physical address provided on their trade license but could not have a contact.
So I was told that the case will be referred back to Dubai Courts and I need to get a hearing date from the Judge. Yesterday I approached the bank and asked them if I can block the issued cheques and I was told that yes, it can be done.
My question is that, will it be a wise step to block the cheques and continue the case in court?
Kindly suggest.
Thank You.
Regards.

Aug 9, 2017
1390
Procedure of reclaiming a debt through DIFC arbitration
0
Q: I am a private investor (individual) and I have a lending contract with a Sharjah FZE company represented by its director and shareholder, who also has other Dubai based company.
Returning the payments wasn't met despite reminders and extensions. The contract has a late-payment penalty clause and dues are well above the original amount.
The issuing bank (balance verification check) informed me that the security cheques were also invalid, as that the account had already been closed prior to issuing the cheques. The contract has a DIFC arbitration clause and UAE jurisdiction. The cheques are not formally cashed yet.
What are my options to pursue civil litigation or other debt-recovery means? Arbitration? DIFC SCT? DIFC CFI? Dubai Courts?
Current dues are in the range of US$100,000/- including ongoing penalties. I have a signed and stamped original contract, witness IDs, trade license and original security cheques.
I am seeking to engage legal expertise for a reasonable fee, preferably linked to a percentage of a successful claim.

Dec 19, 2017
620
Recovery of outstanding payments for breach of contractual obligations
0
Q: Good morning Sir.
I have export perishables to Al Aweer market, and this particular gentleman paid for the first few orders but for the last few he didn't pay. He said tomorrow and it has never come.
I have all the documents and I filed a complaint with Dubai police, and I have the complaint numbers as well. Now, my finances are very bad. If you could recover my money from this man, it will be a great help for my family.
I trust Dubai people and this is what happened to me. If you could get your professional fee and get me the balance, then we can reach an agreement.

Oct 17, 2017
733
Breach of contract by a cleaning services company
1
Q: Breach of contract - cleaner/nanny.
The company providing the services breached the terms of the contract. I need advice on my legal options.

Sep 8, 2018
316
Right to claim damages for terminating a service contract
0
Q: I am just wondering, one of my clients has cancelled the awarded contract before the execution of the contract according to the termination clause which states that the contract can be cancelled by giving a 5 days' notice.
However, we have spent reasonable time and resources for the execution of services since the award of the contract. Do we have any legal ground to ask for partial compensation?

Oct 11, 2018
355
Termination of an equipment lease contract by one of the parties
0
Q: Dear Sir,
looking for a legal advice, UAE.
We are lessors having a binding lease of equipment agreement with a lessee for a few years, which is not profiting us.
We're trying to terminate the contract. The agreement's termination clause itself only the lessee's interest to terminate.
How we as lessors can terminate the contract?
Thanks

Oct 31, 2018
154
Legal blog
2 available 2 • View allSix Thumb Rules to Bear in Mind Before Entering an Arbitration Agreement 9
This short write up examines some of the key considerations one has to bear in mind while opting for Arbitration as a preferred mode for dispute resolution.
Sep 12, 2020
2607
Bounced Cheque Scam while Selling a Car in the UAE 1
An interview-format article covering the topic of bounced cheque scams in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Feb 21, 2021
1012
Laws & Regulations
3 available 3 • View allFederal 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
148343
Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code 42
The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.
Feb 24, 1992
75278
Federal Law No. (18) of 1993 Issuing the Commercial Transactions Law 19
This Law applies to merchants, as well as to all acts of commerce carried out in the UAE by any person even though he be not a trader. Commercial matters regarding which specific Federal laws are issued shall be subject to the provisions of such laws, and to the provisions hereof which do not contradict with said laws.
Sep 7, 1993
32999

Premium
Other answers by
342 342 answers •
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?
Thank you.
May 1, 2024
268
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
282
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
672
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
1270
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
1263
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