Questions & Answers
Questions & Answers
5 available 5 • View allCan I cancel an apartment I bought an get refund if the developer did not provide the requirements?



1
Q: Hello,
I made an EOI payment for one project with a developer in Dubai. In the agreement, it says if the seller is able to allocate the unit similar to the buyer’s requirements, in this case, it’s not refundable.
However, I am not happy with the unit and it doesn’t meet my requirements. For example, the view of the unit and the fact that it is on the last floor, the last floor doesn’t work for me although I requested a high floor.
And the unit has a city view although I requested a garden/park view in the EOI.
At this point, I canceled the purchase and asked for a refund to which I got a response that according to the terms and conditions of the EOI, it is not refundable which is not correct.
My requirements for the unit do not match the unit they allocated. What are my rights?
Please advise.
Thank you.




Jul 10, 2023
548
Who is responsible to pay the admin fee for tenancy contract renewal in UAE?


2
Q: Dear Sir/Madam,
I am in the process of renewing my tenancy contract and the agent is claiming AED 1000 administration fee for the renewal. This was not stipulated in the contractual agreement that was signed for the current rental term.
Am I responsible to pay this admin fee?
From my understanding, the landlord is responsible for paying the admin fee for renewal. Is this correct?
Please note that this is for the combined tenancy agreement only and not for the EJARI. I have the responsibility to renew the EJARI.



Aug 10, 2023
3519
Misleading salesman in the process of purchasing a property


2
Q: First of all, I am new to Dubai and I was searching for a villa here. Sometime later I found something I was interested in. I've decided on a villa and many promises were made for it by the seller of the developer.
The seller gave me a good price, a payment plan which suits my needs, included landscaping, 1-year free service charge and other charges regarding the inside of the villa.
I was asking the seller for a confirmation in writing mentioned with all the promises that were made. He told me I will get it only after paying the reservation of 20% from the purchase price. Unfortunately, I believed him and paid the 20% + 4% DLD to the developer.
After asking several times for the confirmation in writing, I still got nothing. We wrote at WhatsApp and I still have the voice memo's and history where we talked about everything.
I have a memo of his voice promising me several times that everything will be realized and that I will get my confirmation in writing very soon like it was promised in the first place.
I had to fly back to my home country due to work-related reasons that's why I wanted to take the reservation form with me to read and sign it at home, but I got interrupted by the seller.
The seller insisted me to sign the form as soon as possible and came to my hotel lobby with the reservation form at 10 pm.
I took an exhausted look at the reservation form and noticed some faults like a wrong payment plan, landscape and 1-year free service charge weren't mentioned either.
He told me that this is just a temporary booking form and it's only about the reservation, just so that I won't lose the villa to someone else who is interested.
He concluded by saying that all the changes that were promised will be written on the purchase contract.
Nevertheless, I've made a copy of the booking form from the printer of the hotel. I've asked the seller several times if there is any hitch in the contract, he made an oath in God's name that my wishes regarding the villa will get done and that every thing has its validity.
The next day when I was in my home country I took a closer look at the booking form. I ascertained that everything was wrong at the form: wrong price, wrong payment plan, and all my wished changes were not mentioned.
In addition, the reservation price wasn't 20% like he told me. It was written at the reservation form that I had to pay 10% of the purchase price. Of course, I complained immediately.
After around 1 week I got a call by the seller. He told me that he couldn't change the price since it was already the best, that he can't include the 1 year free service charge and he could not change the payment plan as arranged before.
He told me he could only realize some few changes regarding the villa but not every thing that was agreed before.
I am really disappointed and I claimed my money back. The only statement I got was that I can't get my money back, because it's not refundable through the booking form.
I feel really messed around and I have never thought that this could happen to me here in a city like Dubai, especially by a big developer with a huge project like this. I feel desperate since it's a huge amount that I've paid.
What can I do? I have as evidence all the WhatsApp memos and the history between me and the seller.
I would appreciate a helpful response or a very good lawyer.



Aug 26, 2018
936
Unpaid service charges in shared ownership: Who bears responsibility?



2
Q: Dear Sir/Madam,
I am a 50% owner of a leasehold property. The lease agreement does not specify joint or several liability. It only mentions "xxxx and yyyy" as the lessees.
We have not paid service charges for the last 3 years. The other co-owner left the house 3 years ago and ceased all communications with me. The co-owner is uncontactable.
The management company initiated an RDC execution case against me and my co-owner.
Am I liable only for 50% of the total due amount? Or am I liable for 100% of the due amount? Can you please inform the correct article of law that covers this issue?




Feb 21, 2024
137
Developer asks for full year's service charges despite purchase at year-end. Can I refuse?




2
Q: Hello,
I bought a property from a developer in Q4 2023 and got the keys handed over in November 2023.
They have returned to me to pay additional service charges for the entire year although I purchased the flat from the previous owner in the last quarter of the year.
I sent them multiple emails to explain the reason behind it and to ask them to send any legal statement showing that the new owners are responsible for paying additional fees, though this is unfair from my perspective as I have been the owner of the property starting from Nov 2023.
Some friends told me that they received a letter from their lawyers which they sent to the developer questioning this procedure and refusing to pay this.
Since I don't have such a statement to send to them as well, is there any opportunity for somebody to help me in writing one, hopefully getting the chance not to pay the additional fees?
Thanks!





+2
May 10, 2024
499
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
4831
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
3125
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
5125

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