Questions & Answers
Questions & Answers
10 available 10 • 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
5763
How to terminate the SPA of a property and claim refund for delay in hanover


0
Q: I entered into a SPA with some developers back in 2017 and paid 30% for a 2BR in a project. It was originally supposed to be delivered in Q2'18.
I want to get out of the agreement and ideally get my deposit refunded, what are my options, and how much legal cost we are talking about?
Thanks
J.



Mar 25, 2021
487
Can you hold the payments to developer because of delay in the completion?

0
Q: I am being asked by a developer to pay the remaining 50% of the investment for an apartment by the 15th of Sept., even though the property is still not a full-on construction site (92% according to the developer).
The earliest the building completion certificate will be issued is 1st October. When is the absolute latest I can pay the handover money without being penalized for it and how do I communicate this with the developer.
How much money am I allowed to withhold for the snagging, de-snagging + in case of any handover delays... etc?
My finances are currently very tight and I cannot afford to pay the handover while I am still having to pay rent elsewhere.


Sep 12, 2021
591
What are my options if the developer is delaying the handover of property?
0
Q: I purchased a property from a developer and paid approx. 16% towards the purchase price.
To initiate the evaluation process, the bank demanded OUQUD from the developer and this cannot be produced because the subjected unit is already mortgaged with the bank.
This information was not revealed by the developer to me and SPA was issued in my name.
Now, they are delaying the handover of the unit because the unit has not been released from the bank.
What legal options are available to me and where should I file a complaint against the developer?

Mar 6, 2022
308
I have purchased an off plan property in Dubai and handover is delayed 

0
Q: I have purchased an off-plan property in Dubai. It should have been handed over in Sept 2019.
There is no communication or updates other than in the developer's online client portal where the date just keeps getting changed.
I have paid all required payments, the balance payment is due on handover.
Is there anything I can do at this point?
In Sept. this year, it will be 3 years overdue.


Jun 20, 2022
265
How can I claim the compensation mentioned in the SPA for delay in handover? 

0
Q: I bought a property recently, the transfer is done in my name. But the previous owner still didn't hand over the apartment to me.
In the contract, it is mentioned that if the seller is not able to hand over the apartment on transfer, he is liable to pay compensation for the days he didn't hand over the apartment.
How do I claim this compensation and how do I force the seller to hand over the apartment to me?


Jul 15, 2022
269
Can I cancel the property purchase for delay if I do not have an SPA?



0
Q: Hello,
I have paid 50% on a project that is 3/4 years delayed. I heard they haven’t even registered the property yet, I haven’t received SPA or OQOOD.
Can I cancel the contract and get a refund?
Any way to get a refund at all? Or even a 50% refund?
Thank you




Jul 15, 2022
316
إخراج المقاول من المشروع بسبب مخالفة الشروط وإكمال المشروع بدون مقاول


3
س: السلام عليكم،
أنا مالك فيلا قيد الإنشاء والآن في مرحلة التشطيب. حدث خلاف بيني وبين المقاول بسبب تنفيذ بنود مخالفة للشروط والمواصفات وهذا مثبت في تقرير فني من الاستشاري وللأسف المقاول يماطل وطالت المدة.
سؤالي: هل يمكنني إكمال إصلاح العيوب بنفسي ومن ثَم رفع دعوى؟ وفي حالة الإجابة بنعم، هل يجب إخراج المقاول من المشروع عن طريق البلدية أم أباشر أنا إصلاح العيوب بوجود نفس المقاول على رخصة البناء؟
مع العلم أنني استفسرت لدى البلدية وأجابوا بإمكانية استخراج شهادة إنجاز بالنزاع وإكمال المشروع بدون إضافة مقاول.
أفيدوني من الناحية القانونية جزاكم الله خيرًا!



Aug 21, 2022
974
Am I entitled to compensation for the delayed handover of our apartment in Dubai?

0
Q: Am I entitled to compensation for the delayed handover of our apartment in Dubai?
It's been more than 12 months.


Dec 30, 2022
237
Late fees and plot area discrepancy. What to do?
1
Q: Good evening,
I purchased my off-plan property in 2017 and paid only 5% of the total value. After 6 months, I informed the developer via email that I no longer wish to continue with the purchase.
However, on 16/2/2023, I received a notification from the Dubai Land Department stating that I must settle my outstanding payments within one month.
My question to you is whether I am eligible to pay any late penalty fees, considering that the developer failed to complete the project on time.
Additionally, on my SPA, the plot area was stated as 3509 sq. ft, but upon measuring it, I found that it was actually less than 2400 sq. ft.
At the time of purchase, they charged an extra 200,000 AED, and are now counting late payment penalties at a rate of 1.5% per month.
Given these circumstances, what should I do?
Can you guide me? Also, how can I contact you in person?
Waiting for your kind reply.
Thank you!

Mar 16, 2023
157
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
4850
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
3136
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
5146
Federal 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
148520

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