Questions & Answers
Questions & Answers
9 available 9 • View allSuing the developer for breaching the terms of SPA
1
Q: In June 2008, I bought an office in DSO, for AED 847.339. The completion date was December 2010. For 8 years, the developer dragged the construction for unknown reasons.
I, therefore, did try through RERA and the Notary Public, to get my money back for breach of contract but the developer refused to answer my request.
Today, 8 years later, the office is ready for the final handover. In between, I lost 8 years of rent (AED 360.000) and the opportunity to sell that office when the market was still high.
Last but not the least, the developer just informed me verbally that the office that was freehold is now leasehold despite what is stipulated in the signed SPA.
Today, I would like to know what are my legal options to get my money back or at least get some compensation.

Aug 7, 2018
1027
Obtaining refund from the developer for project delay


11
Q: I booked an off-plan studio in R.E.P. DIP. The developer posts to me the contract to sign. I signed the contract and posted it back to their address.
The texture property In Dubai has been dealing and I transferred 10% to reserve the unit in June 2015. I have paid over 30% until the end of Dec 2016.
I stopped paying the rest of instalments because after viewing 0% construction report through DLD website and neither developer has provided me Oqood.
There is still no construction as per the DLD report for project number 1514. I am considering to get a refund.
The total price of the studio is AED 330000. 10% at the outset, 36 equal instalments during construction, 20% on handover and 18 equal instalments after the handover.
I have paid 10% and 18 equal instalments out of 36 during the construction as per contract. Total AED 109,973.94 paid: AED 109,973.00
What are the possibilities to get a refund from the developer? How much would it cost?



Apr 19, 2018
5715
Claiming property registration fees from the developer




0
Q: Signed a contract in Jan 2017. 4% DLD registration fees. The buyer 2%, seller 2%, the seller forged the invoice to pay 4%.
I should get a refund of the 2% paid extra.
Paid
Base price 565,000
DLD registration charges 22,600 (Invoiced 4%)
Unit [------]
Net price 587,600
Invoice in 2019 to get title deed: 76819 AED.
Review in Jan 2020 new invoice in Jan 2020 to get Title Deed.
Affection plan charges: 1,020.00 AED;
Provisional master community charges: 5250.00 AED.
Title deed delivery charges: 210.00 AED.
Plot upload fee: 390.00 AED.
Survey fee: 1,000.00 AED.
Title deed fee: 787.50 AED.
DSR fees: 1,056.00 AED.
Total: 9,703.90 AED.
Other charges to pay to build the house.
DEWA NOC fee: 1000 AED.
Demarcation NCC fee: 2000 AED.
Building permit NOC fee: 2000 AED
Commencement of work NOC: 2000 AED
Deposit: 50000 AED
Plus 5% V.A.T





+1
Apr 5, 2020
1666
رفض رد الدفعة المقدمة رغم الاتفاق على إمكانية ردها
0
س: قبل أكثر من سنتين عُرِض علي شراء شقة بمجمع سكني لم يبنَ، ولأنني لا أملك مقدَّمًا، طلبت تمويلاً بنكيًا وانتظرت الموافقة.
قال لي موظف الشركة: ادفع أي مبلغ الآن للحجز وهو قابل للاسترداد. دفعت المبلغ لكن لم أحصل على قرض البنك وعندما أخبرت الموظف أنني لا أستطيع الشراء وطالبت برد المبلغ تهَّرب.
عندما راجعت الشركة قالوا لا يمكن استرداد المبلغ مع العلم أنه لا توجد أي معلومة واضحة من الشركة على أن الدفعة لا تُرد إلا بعد الدفع. كيف لي أن أعرف أنه لا يمكن الاسترداد قبل الدفع؟
الموظفون لا يعطون المعلومة الصحيحة. هل يحق لي رفع قضية بناءً على أنه لا توجد معلومة مسبقة من الشركة؟

Oct 17, 2020
197
Claiming money invested in properties in Ajman after the developer died
0
Q: Hello,
I have a friend who invested 15 million dirhams in real estate projects in Ajman. The developer took the money and fled the UAE.
The case has been in Ajman courts for 15 years and nothing had been done. The developer had recently died aboard.
Can we sue his estate?

Mar 22, 2021
187
استرداد المبلغ المدفوع عند عدم تسجيل العقار لصالح المستثمر


3
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.



Oct 5, 2021
1010
Guidance on obtaining refund from a developer who forged my signature

1
Q: Hello everyone,
I bought an off-plan unit from a developer around Feb. 2018. They promised to deliver by March 2019, but they kept on postponing.
Along the way, they asked me to sign the SPA. I said I won't and requested them to refund me my payments. At one point, they agreed and later they said no. I have all these correspondences on email.
Finally, the developer forged my signature and signed the SPA by themselves and registered it with DLD, and processed the cancellation.
When I visited DLD, I have been shown a SPA signed under my name on May 13, 2021. The signature was done fraudulently because I did not sign it. I made a payment of more than AED 130K.
I would appreciate your guidance.


May 20, 2022
217
A developer forged the signature of a client and signed the SPA. What to do?

1
Q: Hello everyone,
I bought an off-plan unit from a developer around Feb. 2018. They promised to deliver by March 2019, but they kept on postponing. Along the way, they asked me to sign the SPA. I said I won't and requested them to refund me my payments.
At one point they agreed and later they said no. I have all these correspondences on email. Finally, the developer forged my signature and signed the SPA by themselves and registered it with DLD, and processed the cancellation.
When I visited DLD, I have been shown an SPA signed under my name on May 13, 2021. The signature was done fraudulently because I did not sign it. I made a payment of more than AED 130K. I would appreciate your guidance.


May 29, 2022
350
A developer demands an amount not contained in the contract. What to do?

1
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!


Jun 8, 2022
163
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
4821
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
3112
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
5120

Other answers by
80 80 answers •
View allDeducting visa costs when resigning after more than a year of work 0
Hello sir,
I have been working for 1 year and 6 months in a restaurant without a vacation. Due to my health, I had resigned, and when receiving my payment, they had deducted 4200 for the visa.
Please I want to know if it is allowed to pay for the visa.
Thank you!
Mar 15, 2021
1042
Is it legal to invest in a crowdfunding outside the UAE? 0
Regarding investment in a UK-based crowdfunding platform from the UAE
I am a UAE (Dubai) resident. Is it legal to invest in a startup that is based in Cayman Island and London through UK based crowdfunding platform (crowdcube.com) from the UAE?
Looking for precious advice.
Thank you!
Mar 9, 2021
609
Filing a case for wrongfully encashing a guarantee cheque 0
3 years back I had given a post-dated cheque as a guarantee to a person whom I had to pay the money.
In 3 years time before the due date of the post-dated cheque, I had paid him partially by cash and cheque for which I have his signed vouchers and the PDC cheque details.
He was supposed to return back my PDC on the due date and collect the balance amount that was around AED 4000. The cheque value was AED 115,000.
On the due date, he demanded more money from me and when I refused, he bounced the cheque and filed a cheque bounce case.
He said I gave him a cheque of a closed bank account when he asked the money back and claimed the full amount. I was arrested and had to pay the fine for the cheque bounce case.
With the agreement I have with me and the payment voucher proof, can I sue him back for the false accusation?
And can I claim compensation for spoiling my name and image?
Dec 13, 2019
1635
Suing an employer for unpaid loan taken on the name of employee 0
Salam,
I was working in Dubai and I needed a 50k loan from the company. My boss told me to do him a favour and take a 700000 loan from the bank then take 50k.
I said how. He planned everything and deposited 30k salary on my account and verify from HR and accounts.
The bank agent gave me the loan he paid instalments almost for one year and then he terminated me and said don't worry we will pay your loan.
After I came back to Pakistan, they are paying but after 3-4 months like that, the recovery company calls me in Pakistan daily. what can I do?
If I come to Dubai and make a case on my boss, will the bank help me or I have to hire lawyer?
Feb 22, 2019
1167
The consequences of resignation in a limited labour contract 0
Dear Sir,
I hope you are doing well.
My neighbour brother went earlier to Dubai for packing work in a hotel for 2 months. Due to the condition of work & not getting a proper salary, he decided to resign from his job.
When he intimated the same to the employer they said he should pay AED 4500 before leaving & his own ticket. He is from a very poor background that's why he came for AED 900 salary.
But he gets actually 750 only without food. Need your kind support to help him to come back to India.
Feb 19, 2019
3344
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