Questions & Answers
Questions & Answers
8 available 8 • View allDefault 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
Cancellation of project and reimbursement from the developer

6
Q: I bought an off-plan property & paid 100 % amount, also paid 4 % Oqood by June 2011.
Now, I learnt through DLD that the property is cancelled as the builder could complete half construction & now it shall go for liquidation.
I am stressed whether I will get the full invested amount after liquidation or just minimal. What do the laws say?


Dec 16, 2018
2362
Getting refund for a purchased property after cancellation of project

5
Q: Hi
I bought a property in 2007 at [------] residence by [------] group. It was cancelled on the RERA website.
I wanted to know if I can get a settlement and where can I get an update on the cancelled project.
Thanks and regards
Blossom


Feb 9, 2019
2638
The right to claim refund from developer for breach of obligations
1
Q: I had invested in a project in Dubai in Oct 2018, in a 3 bedroom townhouse.
I have paid them 24% of the house amount till now but haven't received anything except for SPA and receipts from them.
No registration of the property has also been done wherein we were supposed to get the house in Dec 2019 the handover.
On checking, we got to know that they haven't even got permission from the land department for that particular row of townhouses in which we had booked our unit, and no construction has also happened till now.
They offered us another unit instead to take which they claim will get finished in Dec 2020.
But because they have been lying to us since the beginning and have taken money from us without any permission being in place, we want to exit from the agreement and get our money refunded.
Wanted to know what are we eligible to get money in this case?
Seeking the correct advice.
Please help.

May 19, 2020
410
How to get the invested money back when the special committee is canceled?
22
Q: I had invested in a real estate project in Dubai, but it was canceled and the special committee was formed under the property law.
But a few weeks ago, new property law has been established under which the special committee no longer exists.
Kindly let me know how can I get my invested money back!

Jan 27, 2021
3133
How to claim the payments made for a property after cancelling the project

1
Q: This is the brief of the request I have submitted:
I have paid AED 183,000.00 for an apartment in a residential project, in 2 instalments of AED 91,500.00 each. However, the said project was later cancelled by the developer.
A refund of the money already paid was promised by the developer but to no avail. The matter was raised to the Dubai Courts, where I pleaded my case against Case No [-----].
Dubai Courts Real Estate Committee have confirmed my name in the list of investors via official email on 08/10/2020. Now the said case has been transferred to Dubai Land Department.
I, therefore, plead with the concerned office of your department to please update me with the latest information on the said case, and request for a timely decision and refund of the amount paid by me as an investor for the said cancelled project.
I would be highly obliged and grateful for your just advice on the above.


Mar 29, 2021
233
Claiming refund from the cancelled real estate projects committee
1
Q: I have a 2 BED room apartment and the project is on hold for a very long time.
According to the Dubai land department, the project is going to be canceled and my money is stuck in this.
How can I get the money back?

Oct 24, 2019
1040
Can a new developer cancel my old SPA and take my unit if I refuse to sign the new SPA?




1
Q: Dear Lawyers,
I have a question regarding a new developer taking over a property from an old developer who fled Dubai many years ago. The new developer is trying to get investors to sign a new SPA, which includes additional fees.
I have not signed the new SPA yet. The new developer claims: "The Judicial Committee for Incomplete & Cancelled Real Estate Projects in the Emirate of Dubai approved the continuation of the project as planned and instructed the new developer to issue amended SPA contracts to all investors, taking into consideration that non-compliant investor contracts shall be canceled in accordance with the procedures and regulations applied."
Accordingly, as per the verdicts, they request all investors to comply with the decisions and verdicts issued within a 15-day notice. I have paid 80% of the total fees, and the project is about 60% complete.
Does the new developer have the right to cancel the old SPA and take my unit if I don't sign the new SPA?
Also, can I request the project to be completed?





Aug 17, 2024
42
Laws & Regulations
3 available 3 • 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

Other answers by
68 68 answers •
View allOptions for dealing with a divorce case while being abroad 0
Is it possible to have a divorce case and leave the country?
Do I have to stay in the UAE if the divorce is still not done?
The procedures are very slow and I cannot be in the UAE in the upcoming months.
What are the options for dealing with the divorce and the court while being abroad?
Jun 29, 2020
1235
Filing bounced cheques cases to force payment 0
What is the jail term for a criminal case of a cheque totalling amount of 1,330,000/-, 9 cheques of AED 40,000/-, 12 cheques of AED 50,000/-, 1 cheque of AED 120,000/- (all on the personal name), & 1 cheque of AED 250,000/- (on the company's name) in Sharjah?
Could we file a civil suit for the same as the person doesn't get released until he pays & clears the cheque amounts?
Are we also eligible to claim the damages & losses?
How much could be claimed for damages?
Please define with your best knowledge.
Thanking you for your kind cooperation.
Jun 8, 2020
503
How to guarantee my right in accrued leave days or payment 0
Dear Sir,
My contract is a fulltime employee for a company in the UAE, and my leave entitlement state 10 weeks work and 2 weeks off.
However, due to the COVID-19, I have been unable to take that leave and have accrued two months leave or 61 days with four flight tickets.
My question is, can my company legally cancel those accrued days at the start of the new year or would they have to pay me for those days?
Jun 4, 2020
561
How to guarantee labour rights before signing the cancellation paper 0
Good morning All,
I was terminated by my company in March 2020 for not signing the unpaid leave document given to me. I was terminated on 23rd March 2020.
Once termination letter was signed, ever since then, I have been chasing my ex-company for releasing the final settlement and each time they come up with a different plan.
The last option they gave was to sign an agreement with them for 6 months plan but are not giving me any guarantee cheques and insist that I sign the cancellation papers. I want to simply take my money and leave the UAE.
They have also directed me to their lawyers now who insist that any agreement signed with the company is not required to be notarized by Dubai Courts and the company is not legally bound to give me any cheques as a guarantee.
The company that I worked for is located in Dubai and is a private organisation.
Jun 4, 2020
513
Following up on a labor case after traveling to the home country 0
After working for my employer for nearly two years on an unlimited contract as a COO of a restaurant company, my employer owes me approx 193000, not including notice period.
I have filed a case with the MOHRE. They have tried to contact the employer who has ignored the calls and is also ignoring me.
I know that I will have to escalate the complaint but, based on experience with the way the employer treats past employees and how he ignores suppliers and landlords, it is fair to assume that he will ignore this as well.
I have little options and I have to leave the country as the apartment rent paid by the company expires mid-July. If I leave, can I maintain the complaint, and what is the likelihood of getting the money owed in this scenario when I travel back to the UK?
Jun 4, 2020
1554
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