Questions & Answers
Questions & Answers
9 available 9 • 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
3414
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
3126
Refund of deposit from developer for failure to provide contracts
2
Q: Hi
I paid a deposit and 20% downpayment for each of 2 studio apartments in Dubai in 2008.
I never received a contract for either studio and I contacted the RERA and the developer for years, but they never replied.
I have just learned that the building has now been completed, but I still have no contract or contact.
I don't wish to enter into a contract any longer, how do I get a refund?

Jul 3, 2018
1636
Claim against the developer for the breach of contract

2
Q: We are a group of owners, sharing the same concerns. The developer has handed over the properties to us with:
- Unsafe roads, not marked, no signals, no proper speed controls
- We found out also that no pest control, rats are entering homes
- No landscaping and amenities completed /done as advertised and shown during the purchases. We have supportive documents
- No safe security gates
- No proper entrance to the community with very dangerous access, for the single point entry
We raised complaints to the authority but we don't have yet Owners Association formed, and we want to do a case.
Is it possible to do a combined case, since the concerns are the same for all owners?


Feb 5, 2019
1347
Claim against a developer for failing to deliver the agreed quality


0
Q: We bought a property in a project from a developer at a premium price of AED 5.4 million. Handed over was in January 2019.
We signed off the snagging as prima facie everything looked okay. Once the tenants moved in, the nightmare began. Not a day has gone by without a major issue surfacing.
Recently the switchboard caught fire and could have led to a major fire harming the tenants.
Anyway, I want to know how we can proceed to escalate the issues against the developer for not delivering as per the SPA by using cheap materials, cutting corners in fittings, structural flaws.
I just want to make sure that the developer does not get away with shoddy work. They should not take any customer for granted or for a ride and have such a callous attitude. We don't want our fate befalling others.
Appreciate the legal thoughts on the best approach to proceed with ensuring that the developer honours commitments and that proper quality check performed by the developer before handover.
Thanks in advance.



Jul 17, 2019
910
Forcing the developer to issue the contracts of a purchased property
1
Q: Hello,
I have purchased a property in Dubai in May 2019 by putting a 25% deposit of the purchase price to the developer's escrow account and received the reservation form and payment receipts only.
However, I still do not have the SPA or OQOOD till now. The developer has been saying the SPA templates have been getting delayed.
As per the reservation form, I have an upcoming payment in Nov 2019. How I can validate that I have a legal reservation for the apartment and there is nothing to worry about?
What is my legal position here as I don't have any legal papers except the reservation contract which is only stamped from the developer but no OQOOD reference code/id/number or stamp on it?
Thank you

Aug 26, 2019
743
Claiming remedies after developer's breaching of the contractual obligations


3
Q: Hello there,
I want to understand if there is any form of consumer rights protection for customers under real estate projects. I have paid for 80% of an off-plan property which when we put a down payment 5 years ago was supposed to be a premier luxury community.
Over the years, the community has dropped many of the features of what was marketed like a rain forest and greenery. Currently, it's not only the community that was marketed on their brochure but quality and finish are also extremely poor.
Simple things like fire alarms or sprinklers which I thought to be mandatory for villas in the UAE aren't put. They have been harassing me to make the final hand over and final payment.
Even though, we have told about the never-ending snags and even missing sqft and basic layout of the townhouse. I didn't expect this from a prime builder. We chose to take a sustainable green community even though far from the city assuming the luxury and finish would be there.
Extremely disappointed and feel scam.
Please advise!



Oct 4, 2020
821
How the objection of a client be dealt with after being notified for termination by DLD?


2
Q: I have been notified by DLD that I am in breach of an off-plan sales agreement, and the developer wishes to terminate the agreement.
The date on the notice is March 9, 2021, and I received it from the developer on March 11, 2021. The notice says I have 30 days "from the date of being notified" to make the outstanding payment.
On the termination notice from DLD, a list of objections is present. One of the objections states that the developer must hand over the final SPA to me.
In this case, I have not received the final SPA from the developer. I made an objection in writing to the DLD pointing this fact out and sent it via email, and received a confirmation of the same from DLD by return e-mail on April 6, 2021.
30 days from March 9th is April 8th, or from March 11th is April 10th. Does the developer have to respond to my objection before the DLD will allow them to terminate the agreement?
In this case, will the time I have to make the payment be extended by any period?



Apr 19, 2021
1408
Can the developer cancel a purchased apartment after delay in handover?



0
Q: Hello,
My father purchased an off-plan apartment from a developer in 2008 and paid nearly 50% of payments of the total approx. AED 1.2 million.
The developer promised to complete the handover within one year; however, the project stopped and was completed in 2018.
The developer sent us a notice demanding the remaining amount to complete the handover; however, the market value of the unit purchased has halved since the time of acquisition.
The developer has also canceled the unit through the property termination procedure in Oqood. My father has since passed away.
What are my options to dispute this and have the developer refund my father's money?




May 26, 2021
476
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
4826
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
3114
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
5122

Other answers by
1 1 answer •
View allتأخر تسليم الوحدة العقارية وحق الشاري 0
السلام عليكم
اشتريت عقار قيد الإنشاء في دبي من إحدى الشركات وتم الاتفاق على الدفعات وقد دفعت ٨٠% من قيمة العقار والباقي عند التسليم.
وقد تأخر تسليم المشروع أي أنه في مارس ٢٠١٩ يكون التأخير سنة وهو فترة السماح القصوى التي يحق للمطور أن يستغلها، ومن المتوقع أن يتاخر التسليم شهرين بعد موعد التسليم النهائي.
يرجى المشورة بخصوص حقوقي بسبب هذا التأخير وهل يجب مراجعة دائرة الأراضي والاملاك لاتخاذ الإجراءات اللازمة مع المطور؟
Dec 13, 2018
1448
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