Q: I am in a situation where I have purchased a property and paid Oqood and DLD last year Feb 2017. The agreement was supposed to be ready by the 2nd quarter of 2018. However, without communicating the developer says it will be ready by the 2nd quarter of 2019. I found this is on his site. I have paid 30% of my payment by Feb 2018, and now a situation like job issues are going on. I need to cancel my unit. What are the options? please let me know. I think after December, my contract is not going to be renewed. So I'm in a big problem. Please help me

Q: In April 2017, AAK entered into a Pledge Agreement (the “PA”) with a Bond Holding Company (BHC) and a Developer (DEV). As per the PA, AAK deposited an amount in the form of Bonds with BHC, pledged to DEV, to act as a deposit for a property. AAK received a notice in Dec. 2017 and Aug. 9, 2018, from DEV stating that his signature on the Sale & Purchase Agreement (“SPA”) is pending. In addition, the concerned notice falsely stated that the Property is registered with DLD in the name of AAK. Despite several written requests for a copy of the DLD registration, DEV has not provided the same with a DLD registration dated on or before the initial date of the notice. On January 17, 2018, AAK then discovered that the amount had been redeemed from his holdings. The PA states it is being entered into based on the Reservation Form and the SPA which had been entered into by DEV as the Seller and AAK as the Purchaser; however AAK did not enter into any SPA. Has the PA contract been breached?

Q: In June 2008, I bought an office in DSO, for AED 847.339. The completion date was December 2010. For 8 years, the developer dragged the construction for unknown reasons. I, therefore, did try through RERA and the Notary Public, to get my money back for breach of contract but the developer refused to answer my request. Today, 8 years later, the office is ready for the final handover. In between, I lost 8 years of rent (AED 360.000) and the opportunity to sell that office when the market was still high. Last but not the least, the developer just informed me verbally that the office that was freehold is now leasehold despite what is stipulated in the signed SPA. Today, I would like to know what are my legal options to get my money back or at least get some compensation.

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.

Q: I purchased 2 off-plan hotel apartments in 2016; both ACD Q2, 2018. One is 100% paid, the other is 30% as per the SPA. According to SPA: "Without prejudice to the Seller's rights under Clause 21 in respect of a Force Majeure Event and/or Foreign Delay Events, the ACD may be extended by the Seller, in its absolute discretion without cause, by written notice to the Purchaser for a period or periods of up to a total of twelve (12) months." No written notice was received, despite requesting it on 21/09/2018 by email (no reply). After several misleading communications and changing completion dates, they are now saying that because I did not exercise my entitlement to send written notice requiring completion of building works within 1 year from ACD ("Remedy Period"), I am not entitled to terminate. I didn't send this notice as I was waiting for them to send theirs as per SPA obligations. Current RERA status is 61.59% (due 30/06/2020)and 84.54% (due 31/05/2020). Is this a good cause for termination?

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!

Q: I bought a studio apartment in an off-plan project. It took two years more for completion of the project. I already paid 90 per cent of the payment. Now the building is about to complete. I requested if there is any possibility of upgrading the apartment to 1 bedroom. I received a nice deal and swap agreement was signed and a post-dated cheque was given for the remaining amount. Later, the developer is denying and informing us that it was a mistake and we should collect the cheque and the unit agreed cannot be given to you as the given discount was too much. We can again have our studio. We want to know if the swap agreement stamped is valid, We have receipt of the remaining amount of payment. Kindly advise.

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?

Q: Dear sir/madam, I am from Pakistan and a cancer patient. I purchased a villa land from a developer and as per the agreement, they had to give possession after 20% payment but I paid 70% but they did not hand over possession and sent me a demand note of 100% plus more added amounts. They did not comply with the terms and conditions themselves and kept on putting penalties on me. I am helpless. Maybe they will confiscate my money?! It is a matter of life and death for me. Can you help me, please?

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.

The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.