Termination of a property SPA and getting refund

Questions & Answers

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Refund of a deposit paid by the buyer of a real estate property

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

Jul 18, 2017

5312

Exiting a property purchase and seeking refund from the developer

Q: A client has entered into a contract for purchasing a property in instalments. The company had refused to give him a contract to sign, refused to assign him a representative and in turn, he has defaulted on at least one instalment. He wants to exit the contract but the company would not refund his deposit. What are his rights?

Oct 9, 2017

2066

Refund of the reservation fee paid to the developer

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.

Nov 6, 2018

1462

Claiming a refundable deposit from real estate company

Q: Hi I was looking at a property in Dubai and decided to go ahead with it. They asked for a refundable deposit of AED 14k which they charged on my card and then after checking the place out, I decided not to go ahead with the purchase. Within 3 days of the 7 day period within which I could cancel and get a refund. I had sent a formal refund application and they replied back saying its acknowledged and they would process it. They said banks are closed for the national day and hence would do it a few days later in the first week of December 2018. We are now midway in January 2019 and they still have not paid me back. Can you please help me out here? Thanks

Jan 15, 2019

905

فسخ عقد وحدة سكنية من جانب المستثمر

س: مرحبًا، استثمرت في وحدة بفندق بدبي وسلمت الشركة ثلثي المبلغ وتوقفت عن الباقي إذ أود فسخ العقد مع الشركة واسترداد مالي. ذكروا لي أنهم سيأخذون 40٪ من قيمة العقار ويعطوني الباقي. هل هذه النسبة صحيحة؟ أرجو إفادتي بأسرع وقت. مشكورين!

Feb 18, 2021

349

Is it possible to get refund of purchased property from developer if there is no SPA?

Q: Hello! Last month I found an apartment that is still under construction with a great payment plan. I decided to buy it! There were several calls between me and the developer and we agreed that I transfer the booking fee. Note: When I sent the amount no SPA was signed and I haven’t even received a SPA. Nothing has been signed! Neither from me nor from them! The amount is about $18.500. My passport was invalid too and I needed to make a new one. So they could not register me at DLD also. Now, I have some problems with continuing the payments and want to cancel the payment plan and asked for a refund. They haven’t given me any answer yet and been telling me to wait for next week, wait for next Friday and so on. What can I do to receive a refund? Do I have a right to receive the full amount back as there is no signature made by me & no registration at DLD? Thanks

Feb 10, 2022

400

Paid 10% for a Dubai freehold flat but can't proceed. Can I get a refund without signing the SPA?

Q: Hello, I purchased a freehold flat in Dubai and paid an initial 10% while signing the reservation agreement. However, due to financial issues, I am unable to proceed with the next payments. My question is: Can the developer refund my funds? The 10% payment was made to the developer’s escrow account, but I haven’t signed the SPA yet. I requested a refund from both the developer and the property agent, but they declined, stating that the money could not be refunded. Is there any way to recover my funds?

Mar 26, 2025

Laws & Regulations

2 available 2 • View all

Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai

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

4847

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

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

5145

Naser Muhyealdeen

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Deducting visa costs when resigning after more than a year of work

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

1076

Is it legal to invest in a crowdfunding outside the UAE?

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

658

Filing a case for wrongfully encashing a guarantee cheque

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

1677

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