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)?

Q: I have a property that was supposed to be handed over about three years ago and still isn't. On the SPA, there is no anticipated completion date. What can I do about this?

Q: Based on Dubai's strong reputation, we invested and now own a couple of off-plan properties in the UAE. (1) Over the years, the master developer has changed the SPA agreement 3 times - how does this affect the original SPA which many owners still hold? (2) The original SPA does not allow for "sharing or staff accommodation or AirBnB units within the development yet the developer allows this (claiming this is a government directive). Is this legal ie to breach the SPA terms? (3) As there is no RERA or any property-governing body in this Emirate - what department can be approached to resolve this?

س: وقعت اتفاقية بيع وشراء قبل سنتين من الآن لوحدة سكنية مع أحد المطورين ودفعت ٣٠% من قيمة العقار على أن يُدفَع ما تبقى عن طريق البنك. تم استلام الوحدة وتأجيرها لكن حتى الآن لم يتم التسجيل المبدئي للوحدة لدى دائرة الأراضي والأملاك وعند مراجعة المطور لا توجد إجابة واضحة وفي إحدى المرات ذكروا أنه توجد مشكلة مع البنك بخصوص الوحدة الأمر الذي يحتاج مزيد من الوقت حتى يمكن التسجيل. سؤالي يتعلق بفرص استرداد المبلغ المدفوع في حال تم رفع دعوى في هذه الحالة.

Q: Dear sir/madam, I am from Pakistan and a cancer patient. I purchased a villa land from a developer and as per the agreement, they had to give possession after 20% payment but I paid 70% but they did not hand over possession and sent me a demand note of 100% plus more added amounts. They did not comply with the terms and conditions themselves and kept on putting penalties on me. I am helpless. Maybe they will confiscate my money?! It is a matter of life and death for me. Can you help me, please?

Q: Dear sir/madam, A developer sent me a demand note with an amount not contained in the contract agreement and when asked as to why this amount is demanded they replied that it is as per real estate legislation. When again asked to quote that legislation, the amount was then removed from the statement, so is it an attempt of cheating and a financial crime by misguiding a foreign investor or a business as usual? And how can it be dealt with? And where to lodge a complaint? Thanks!

Q: Hello, Is it common or possible to ask a developer to amend certain terms in their SPA for an off-plan development? If so, will the amendments apply to all buyers or just to me? Thanks!

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.