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: I have purchased a property developed by a developer. They told me verbally that the property is located in Downtown, and in the SPA they used the location Burj Khalifa community developed by another developer. As a first-time property buyer, I trusted them. Now, they are saying that the property is in Business Bay. How can Dubai laws support a customer for the disguised real estate marketing or cheating?

Q: Hi, I had signed an MOU to buy an apartment. I had the following clause in the MOU: "This sale purchase contract is subject to the final approval from the Buyers Banks" My mortgage has been rejected by one bank. While I was processing my mortgage with another bank the MOU expired and the seller is not willing to extend the MOU. Can I claim my deposit check back from the agent? Thanks, Dinesh

Q: Hi, I had booked two villas with a developer and paid them the booking fee of 40000, 20000 each. After which, due to certain circumstances, I had to drop the idea to proceed ahead with the purchase. Checking with the developer's sales representative, he said it is not possible to get a refund. What are my chances to get a refund in the above case? I did not sign any document, just have the receipts of 40000 paid on different dates.

Q: Refund from Escrow Account I have purchased a unit from Danube Properties. According to them, the project handover will be in 2024 or 2025. Due to some unexpected financial crisis, I can’t pay the instalments, due to which I have some penalty amount as well. My question is if I cancel the unit, will I get the refund of my monthly payments since the account to which I am transferring the amount is an escrow account, not the direct Danube account? Thanks

Q: Salam, Hope you are very well. I am writing this email to understand the current law for off-plan properties in Dubai. I started an agreement with a developer in Dubai in 2016 4th quarter. The developer promised to deliver the project by June 2019. Currently, the project is only 23% completed. When I saw the project is being delayed, my payments were delayed too I paid around 40% of the unit price. Now I received an email/letter from the developer on the final Legal Notice, or they would cancel my unit. Does the developer have such rights even though its a big delay from there end? If they cancel my unit, what % of my total paid money will I be refunded from them? I would appreciate your detailed and kind response in this matter, please. Thanks

Q: I bought an off-plan apartment a long time ago and paid almost 80% of the property value per my contract. Unfortunately, the developer couldn't manage to deliver it on time and transferred it to another developer 4 years ago. The apartment is not ready by the second developer yet and they say that it might be ready by 2024 (Per our contract it should have been completed by 2009). I called the second company and asked them to terminate my contract but they told me that they are not responsible for it and I need to contact the first company. I also sent a couple of emails to this company (the second one) but they didn't reply to my email. How can I get my money back? What is the legal process in the UAE for such a case? Thank you!

Q: Dear Lawyers, I have been paying for a project in India through a real estate company located in Dubai (under DED). There is no proper communication regarding the project status despite follow-ups, and the staff is not available to meet at the office. Can I file a complaint against them with the Dubai Land Department?

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.

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.