Questions & Answers
Questions & Answers
6 available 6 • View allRefund of advance deposited while purchasing property in Dubai
2
Q: Hi,
I have put 5% deposit on a property in Dubai and I have also paid 2% DLD fees + OQOOD. I have more payments starting in 2 weeks but I can't afford to continue with the purchase.
Am I entitled to any money back?

Jul 26, 2017
3428
Refund from the developer

5
Q: REFUND FROM UNPROFESSIONAL DEVELOPER, NO CONTRACT, NO OQOOD, NO PROGRESS
We purchased properties with Royal Estates in DIP - we have paid approximately 25% of the final value already, however they have broken the law on at least 2 issues, as they haven't given us a contract within 15 days of our reservation form plus there is no Oqood. There is no work on the site also.
The developer is constantly making excuses for past two years and is most unprofessional and unhelpful - they are unlawfully keeping our money. The reservation form is null and void as we purchased in 2015.
Is there a way we can get a straightforward refund from the Escrow account that DLD holds? There's no point for a court case as there's no challenge with the developer - anyone can see they have breached law, and I'm sure Dubai want to keep a good reputation to foreign investors without making things legally expensive and messy.
Your advice on the law for this simple situation is appreciated,
Thank you


Oct 1, 2017
3162
Refund of reservation amount paid for real estate property in Dubai
1
Q: I reserved a unit with Azizi and while paying my first instalment I was billed twice by them. They apologised for the mistake and agreed to reverse the amount within a week but they took more than a month and a half to return my money after repeated calls & follow up.
I've paid the booking amount, the first instalment, Oqood fees and their administration fees. I have only signed a reservation form with them and no terms and conditions have been mentioned about cancellation which I guess should be there in the SPA and not in the reservation form.
I would like to know if it is possible to cancel my purchase at this stage (I have not signed the SPA yet)?
They have not registered my unit online on Oqood as yet so can I ask them not to do this as I wish to cancel?
What amount will be refunded by them if I cancel?
Can the DLD set a deadline with terms and conditions for them to return the required amount so that I get it as soon as possible?
Your guidance will be highly appreciated.

Nov 16, 2017
4753
How to obtain the NOC from a developer after paying full price of property


1
Q: I purchased a flat located in JBR in the secondary market. The developers have not released NOC and make themselves extremely difficult to reach.
Without NOC I cannot register the property in DLD. What are my rights? I paid 100% upfront.



Feb 25, 2021
2764
How can the investor void the contract If the developer fails to give a disclosure statement?
1
Q: Is it possible to void SPA for an off-plan apartment under Direction for General Regulation concerning Jointly Owned Properties 2010?
According to Article 4 (1) of Direction for General Regulation concerning Jointly Owned Properties 2010, before a Consumer signs a contract to buy a unit in a project under construction from a Developer, the Developer must give to the Consumer a disclosure statement.
According to Article 5 (1) of the said Direction, “If a Developer fails to give a statement under subclause (1) of article (4), then the contract in respect of which the statement should have been given is void and of no effect”.
1. Does this work in practice?
2. Assuming that the Developer failed to provide the Disclosure Statement as per Article 4 (1) of the Direction, how can the investor void the contract as per Article 5 (1) of the Direction?
Thank you!

Feb 9, 2021
478
How to claim the amount paid as an expression of interest?

5
Q: Hi,
I had paid AED 20k as an expression of interest to a developer for a property on 18th June 2021. After the new phase was launched, the price and payment plan was out of my budget and hence did not go ahead with the booking.
I filled up the refund form on 5th July and sent it to them. At the time of paying EoI, they promised that the deposit will be returned to my card in 2 days. I have been following up with the sales director since 5th July and he is not attending to my request and keeps saying he will check with the accounts department every time but never comes back with any update.
The receipt clearly mentions that it is a refundable deposit and says "within 60 days".
Please can you advise on my legal options and when can I start the legal procedure (when is considered as the end of 60 days)?


Aug 16, 2021
1434
Laws & Regulations
4 available 4 • View allLaw No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai 1
This Law sets the rules and procedures for registration of real property in Dubai. The right to own real property in Dubai is restricted to UAE and GCC nationals, to companies fully owned by these and to public joint stock companies. Freehold ownership by non-UAE nationals may be approved by the Ruler in certain areas.
Mar 13, 2006
3768
Law 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
4863
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
3144
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
5156

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