Questions & Answers
Questions & Answers
8 available 8 • View allBreach of contractual agreement
1
Q: A question of breach of contract; I signed a contract for my cars to be sold. They sold the cars, refuse to pay me my money. Taking it to UAE Arbitration court.
What are my chances and will this drag on beyond the arbitration?

Jun 1, 2017
688
Can I refund the advance paid to the seller of a car if I withdraw my offer?
3
Q: I paid an advance to a seller for a used car. I was supposed to pay the rest of the money and get the car registered the next day. Due to unforeseen circumstances, I couldn't complete the deal and called it off within 24 hours.
I requested for a refund of my advance amount, but the seller says he will not do that. I also found out later that he has not told the complete truth about how he got the ownership of the car. This also partially influenced by the decision to call off of the deal. We have not signed any contract saying that my advance money will not be refunded.
I want to know whether I am legally entitled to the refund of my advance?

Jun 7, 2017
2126
Is it a crime to stop payment of a cheque?
6
Q: Good day. My friend and his business partner agreed to put up a business. Then they agreed to have a share to pay. My friend share is to rent the place and give some amount of money. My friend issued bank checks in place of cash. When they get the business permit my friend's business partner did not include my friend's name in the business. So, what my friend did, he asked the bank to stop payment for the business.
My question: is my friend liable for the bouncing check because he stopped the bank for the payment?

Mar 22, 2017
11133
Getting the amount of a bounced cheque after car buying fraud
1
Q: I sold my car and the buyer gave me a cheque. The cheque bounced because the account is closed. He is doing this as a regular business.
I have already filed a complaint to the police station and I'm waiting for the judgment from the court. Maybe he will get the fine only.
How can I get my money?
Which case should I file: a civil case or a car buying fraud case?
He may not have anything under his name. If a civil case is filed against him, he knows how to avoid this case .This person has more than 14 cases. Recently, he got out of jail. The issuer of the cheque is a local Emirati guy.

Feb 28, 2020
664
Accepting an offer to sell a car online and inability to proceed
0
Q: Dear Legal Advice team,
I decided to sell my car and posted an ad on Dubizzle on Nov 19. After a while, one potential buyer approached me saying that he was a dealer living in DRC and wanted to ship the car there.
He sent me some amount of deposit to keep the car for him till the end of November which he supposed to come and close the deal. Unfortunately, this day has never arrived within the last 5 months.
He kept sending me some more deposits via his friend living in UAE whenever I raised my voice, but he still has a balance and has not shown up yet.
There is no written agreement between us and the only conversation we have with him and his friend is only over Whatsapp.
Please advice me what to do to be safe from the legal perspective.
Your support is highly appreciated.
Thank you!

Mar 11, 2020
425
Discovering that the car is not in a good condition after buying it. What to do?
3
Q: Good afternoon,
I bought a Lada car in Ras Al Khaimah last Saturday. I tried the car there, no particular driving issues. I went with a friend more specialized than me in mechanics, he didn't notice anything when opening the hood.
The owner came with me to Tasjeel in order to do the transfer of property, so that I can bring the car to Dubai (where I live) to have it checked before redoing Tasjeel.
The feedback of the garage is clear: many parts are rusty, paint was redone and anti-corrosion applied, the car may have been flooded. Also, the engine is cracked.
I contacted the seller (an Emirati), telling him that he did not mention all of the above when we met on Saturday. I offered to bring back the car to Ras Al Khaimah, and redo the transfer of property at my expense which he refused.
May you please help me to know what are my rights in that regard? I search on the internet and came to know that a New Consumer Protection Law of UAE was recently published.
Thank you for your help!

Jul 15, 2021
521
Claiming the money paid for buying a car after being deceived
2
Q: Hello,
I purchased a second-hand car from a direct owner in Dubai. The owner claimed that there is no accident and only small paint in the car. I trusted him and purchased the car at the price he asked for.
After driving the car, the car had a problem and I went to the mechanic. The mechanic informed me post-inspection that the car has been in a major accident and it has been fully repainted.
When I went to an authorized dealer thereafter, they told me that the value of the car is 60,000 AED due to the damage. However, I purchased it for 115,000 AED.
The car owner did fraud with me. It is not safe to drive the car now and it looks risky to drive.
Could you please help me here if I can go to the court and claim my money from the owner?
I would appreciate your assistance.
Thanks!

May 30, 2022
370
A second-hand car is proven to be defective. What the buyer should do?
2
Q: Good morning,
Last 9 June, I bought a 2nd-hand car. Then, after a few weeks, the fuel tank had a major leak. So I had to rush it to an independent garage for repair.
A few more weeks passed, the Check Engine and Transmission warning light keeps on turning on, so I had to rush it back again to a garage. This time I went to the Ford Al Tayer service center.
They found out that the car has a lot of issues, and they gave me a quotation that amounts to almost AED 24,000.
What are my consumer rights regarding this problem?
Can I still have my money back? What actions should I do?
Thank you for your assistance and help in advance!

Aug 14, 2022
451
Legal blog
1 available 1 • View allBounced Cheque Scam while Selling a Car in the UAE 1
An interview-format article covering the topic of bounced cheque scams in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Feb 21, 2021
1047
Laws & Regulations
4 available 4 • View allFederal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.
Dec 15, 1985
148521
Federal Law No. (18) of 1993 Issuing the Commercial Transactions Law 19
This Law applies to merchants, as well as to all acts of commerce carried out in the UAE by any person even though he be not a trader. Commercial matters regarding which specific Federal laws are issued shall be subject to the provisions of such laws, and to the provisions hereof which do not contradict with said laws.
Sep 7, 1993
33059
Federal Law No. (3) of 1987 Promulgating the Penal Code 29
This Law promulgates the Federal Penal Code (Criminal Law) of the United Arab Emirates. Crimes and chastisement punishments shall be determined in accordance with the provisions of this Law and other penal codes.
Dec 8, 1987
47949
Federal Decree-Law No. (31) of 2021 Promulgating the Crimes and Penalties Law 0
The provisions of this Federal Decree-Law No. (31) of 2021 Promulgating the Crimes and Penalties Law, known as the "New UAE Penal Code", governs criminal actions in the United Arab Emirates. The New Penal Code repeals the previous UAE Penal Code (Federal Law No. (3) of 1987 Promulgating the Penal Code).
Sep 20, 2021
504

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How do I know whether I am able to enter Dubai for layover flights? 0
Hi,
I left Dubai halfway through my contract because of a family ailment. I didn't give notice, I had a leave and resigned when I got home. It's been 2 years since.
How do I know whether I am able to enter Dubai for layover flights?
Nov 5, 2017
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How to cancel my visa if my employer does not sign cancellation papers? 405
Dear Sir/Madam,
I have been working as a Civil Engineer in a Dubai-based construction company since 2003 with an unlimited contract.
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Setting up a Delaware company with overseas subsidiaries 1
My company is based in Cairo, and I need to incorporate a mother company in Delaware, along with subsidiaries in London, Munich, and other international cities.
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Nov 6, 2017
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What to do if you received a call from a person claiming to be a lawyer 0
I received an unsolicited call on a Saturday night (6.06pm to be precise), on my mobile phone in my place of residence from a lawyer (think he's actually a partner) claiming to represent my ex-wife in a matter pertaining to a divorce agreement that was ratified in Zimbabwe at the end of August.
He threatened that the full force of his law firm will be thrown at me if I did not settle the monetary claim within 48 hours of our telephone discussion. 80% of the monetary amount in question was actually remitted that afternoon, prior to his call, which he didn't bother to inquire about.
There was no formal notification in writing that their services had indeed being retained by my ex-wife. I am not sure if he followed due process & his threats could be construed as coercion in a matter that was all but resolved.
Nov 5, 2017
531
Is it legal to discuss maintenance of a child with the employer of my ex-husband? 1
Hello.
I would like to know if it is legal or illegal to contact my ex-husband's HR dept due to his refusal to pay for child support since the birth of our child (Age 16 now). He lives and works in Dubai.
I have remarried and have other children, moved to Abu Dhabi 1 1/2 yrs back and contacted him at his office. He has failed on every promise until now. I cant afford the high legal fees to file a case.
Please, let me know what are my options. Thanks.
Nov 2, 2017
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