Questions & Answers
Questions & Answers
8 available 8 • View allObtaining refund from the developer for project delay


11
Q: I booked an off-plan studio in R.E.P. DIP. The developer posts to me the contract to sign. I signed the contract and posted it back to their address.
The texture property In Dubai has been dealing and I transferred 10% to reserve the unit in June 2015. I have paid over 30% until the end of Dec 2016.
I stopped paying the rest of instalments because after viewing 0% construction report through DLD website and neither developer has provided me Oqood.
There is still no construction as per the DLD report for project number 1514. I am considering to get a refund.
The total price of the studio is AED 330000. 10% at the outset, 36 equal instalments during construction, 20% on handover and 18 equal instalments after the handover.
I have paid 10% and 18 equal instalments out of 36 during the construction as per contract. Total AED 109,973.94 paid: AED 109,973.00
What are the possibilities to get a refund from the developer? How much would it cost?



Apr 19, 2018
5715
Cancellation of an apartment purchase contract and refund
0
Q: I made a contract to buy an apartment in installments with a developer. Now, I don't see it's worth it.
Would it be possible to refund my money without the need to pay any interest in due installments?

Sep 5, 2018
1024
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
3115
Termination of an off-plan property contract for delay in delivery
0
Q: I bought a one-bedroom apartment in 2015 for AED 1.04 m with a completion date of June 2017. I had paid 40% of the price, and 60% (AED 625,000) was to have been paid on completion in two years (2017).
The project has been delayed significantly, and when I visited the apartment at the end of Feb 2020, it was not ready.
The developer now claims to have received the BCC from the Dubai Land authorities and hence wants full payment of the balance AED 625,000. They claimed the property is ready for handover, but it needs work to be habitable.
I am a British citizen, and my own situation has changed in the five years since. I kept the 60%, but since then, my financial situation is such I no longer have the 60% of the fund AED 625,000 to pay them.
I can't get the remaining as a mortgage for as an expatriate, I can get a maximum of 50% of the value which is now only AED 750000 max.
How can I get compensation and my money back from the developer?

May 17, 2020
558
Termination of property SPA after defaulting on instalments
2
Q: Hello,
I am a Canadian citizen, currently living in Canada, who was previously working in Dubai.
I own two properties that have both substantially depreciated from when I bought them, and unfortunately, the money I make here comes nowhere near the amount I need to pay back in Dubai per month.
I have debt collectors threatening my family and me, and I want to make it all go away. I am asking if there are any steps I can take to solve this issue, such as declaring bankruptcy.
Honestly, I cannot afford much and just want to live in peace. I am willing to give up both my properties, take in loss so far and just start fresh.
I apologize for not giving any names, and I have been on the blunt end of many scammers in the UAE and people threatening my family, so I would rather keep things anonymous for a while till I feel safe.

Jul 26, 2020
610
Is it possible to get refund of purchased property from developer if there is no SPA?
1
Q: Hello!
Last month I found an apartment that is still under construction with a great payment plan. I decided to buy it!
There were several calls between me and the developer and we agreed that I transfer the booking fee.
Note: When I sent the amount no SPA was signed and I haven’t even received a SPA. Nothing has been signed! Neither from me nor from them! The amount is about $18.500.
My passport was invalid too and I needed to make a new one. So they could not register me at DLD also.
Now, I have some problems with continuing the payments and want to cancel the payment plan and asked for a refund. They haven’t given me any answer yet and been telling me to wait for next week, wait for next Friday and so on.
What can I do to receive a refund?
Do I have a right to receive the full amount back as there is no signature made by me & no registration at DLD?
Thanks

Feb 10, 2022
346
What can the seller do if the buyer cannot continue with the purchase of property?
2
Q: We signed DLD Form A, and agreed to buy a villa worth AED 11.7M, and gave a security cheque of AED 1M. But now due to some funds issues, we are not able to buy that villa.
We are requesting the seller to terminate the contract and also we will bring any other buyer for you. Now, the seller doesn't want to cancel the contract and threatens that he will deposit the security cheque.
Can anyone guide how to come out of this issue?
Will you assist us with this, please?

Sep 30, 2022
334
Buyer default: Can the developer deduct 40% and cancel the SPA?
2
Q: Dear Sir/Madam,
I am a developer in Dubai. The buyer of an off-plan property defaulted on payment, paying only 55% of the amount due, while the project is currently 70% completed.
As per the default clause under the SPA, I can deduct 40%, retain the property, and cancel the SPA.
Is it worth approaching and possible to obtain a court verdict to get the full 70% of the purchase value, considering I have completed 70% of the work?

Dec 26, 2023
108
Laws & Regulations
4 available 4 • 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
4821
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
3112
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
5120
Law No. (8) of 2007 Concerning Escrow Accounts for Real Estate Development in the Emirate of Dubai 7
This Law applies to developers who sell units off-plan in real estate development projects in the Emirate of Dubai and who should receive payments from purchasers or financiers towards such real property units to the special escrow accounts.
May 6, 2007
11340

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