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.

Q: Can a developer change the layout of the building as shown at the launch event and part of all brochures/online advertisements/model under the pretext that the same is not included in the SPA? For the launch, we got convinced with the building design and layout but at delivery, it’s changed without prior intimation. Can I make a legal case or can they take the guise that it’s not part of the SPA? Can I get a refund for the 30% advance payment and refuse possession of the unit?

Q: I bought an off-plan property In Abu Dhabi and have paid some percentage as part of the flexible payment program for the down payment. However, no sale and purchase agreement has been provided to be signed by both parties. Construction did not commence and recently, the entire project has been moved to another developer. I have been contacted by the new developer and was told the project construction start date is indefinite. Based on this, can I get a refund as I only have the reservation agreement and no contract has been signed, plus the project has not started which will definitely not be completed in time (even with a six months delay allowance)?

Q: Dear Sir/Madam, I bought a residential property for AED 7 million in Dubai from a developer in 2013 and registered the property in the same year. The project has been delayed and is still not complete. The original developer sold/transferred the project to another developer in 2022. The project is now 60% complete as per the latest RERA inspection report. The original payment terms in the Sales Purchase Agreement were a final balance payment of 40% to be payable on the handover of the property. However, now the new developer has drafted a new Sales Purchase Agreement where he is demanding 90% to be paid in stages while construction is in progress, and only a balance of 10% to be payable on the handover of the property. The RERA website states project completion by Dec 2025. Please advise if the new developer has the legal right to change these payment terms. What options are available to me to protect my investment and my rights?

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.

The provisions of this Law apply to the mortgage of real roperty as security for debt. It makes no difference whether the debt is secured by a charge over the whole of the property or over an undivided interest therein or by right in rem or personal right over a property marked as sold off-plan.