Questions & Answers
I selected an apartment and paid the first cheque but there is no Ejari. How can I get my money back?
I had selected an apartment and paid the first cheque also.
After paying, I came to know that Ejari is getting delayed because of a block on the property.
How can I get the owner to return my money now?
Greetings,
If the property is blocked and Ejari registration is delayed, you may have legal grounds to demand a refund from the landlord.
The best approach depends on the terms of your agreement and the reason for the block.
You can:
Formally request a refund, citing the Ejari issue.
File a complaint with the Dubai Land Department (DLD) if the landlord refuses.
Take legal action if necessary to recover your funds.
For expert legal assistance in securing your refund, book a consultation with Future Vision for Advocacy and Legal Consultancy today.
We are happy at Future Vision Law Advocates and Legal Consultancy to assist you and provide the best legal services that meet your needs.
To contact us, you can call or WhatsApp us.
By accepting your first cheque and promising an Ejari, the owner (or their agent) entered into a form of agreement.
Their inability to fulfill the Ejari registration constitutes a breach of this agreement. Send a formal email to the property owner or their agent.
Clearly state:
- The date of the cheque payment,
- The reason for the Ejari delay (the property block),
- Your demand for a full refund,
- A reasonable deadline for the refund (e.g., 7-14 days) that you will be taking legal action along with damages if the funds are not returned. Keep a copy of this letter and proof of delivery.
Dear Questioner,
Thank you for your inquiry. Based on your situation, here's a brief outline of what can be done:
Right to Refund: If the Ejari registration is delayed due to a block on the property, this can be considered a breach of contract, and you are entitled to request a refund of the payment made.
Action Steps:
Request Refund in Writing: Formally notify the landlord in writing, requesting a refund due to the Ejari delay.
Document the Delay: Ensure you have clear evidence of the delay in Ejari registration.
Next Steps:
If the landlord refuses to refund, you may file a complaint with RERA or DLD.
If necessary, legal action can be pursued through the courts for a refund.
Please let me know how you'd like to proceed, and I can assist with the next steps.
Best regards,
Mohammed Salah
Legal Consultant
Dear Sir/Madam,
Thank you for bringing this matter to our attention.
I understand your concern regarding the delayed Ejari registration due to a block on the property after you've made the initial payment.
Please allow me to provide you with a professional assessment and recommendations:
1. Legal Standing
The inability to register Ejari due to a property block is a significant issue that may impede your legal occupancy of the apartment.
This situation could potentially be considered a breach of the landlord's obligations under Dubai's rental laws.
2. Recommended Course of Action
a) Formal Communication: Send a written request to the landlord for a full refund, clearly stating the reason as the inability to complete the Ejari registration.
b) Documentation: Maintain copies of all correspondence, receipts, and agreements with the landlord.
c) Deadline: Provide the landlord with a reasonable timeframe (e.g., 7-14 days) to process the refund.
3. Legal Recourse
If the landlord is uncooperative, you may consider the following options:
a) File a complaint with the Rental Dispute Center (RDC) in Dubai.
b) Utilize the RDC's online platform for case submission, which offers a streamlined process.
4. Complaint Filing Process
- RDC case filing fee: 3.5% of the annual rent (minimum AED 500, maximum AED 20,000)
- Additional administrative cost: AED 320
- Expected timeline: The Arbitration Department aims to decide within 15-30 days
5. Future Preventive Measures
For future transactions, consider:
- Verifying the property's legal status before making payments
- Including a clause in the agreement that makes payment conditional upon successful Ejari registration
Please note that as a tenant in Dubai, your rights are protected under Law No. (26) of 2007 and its amendments. The inability to register Ejari due to property issues is a valid basis for seeking a refund.
Should you require any further assistance or clarification, please do not hesitate to contact us.
Best regards,
ABDUL WAHIED
If you have paid for an apartment and the Ejari registration process is delayed due to a block on the property, you can take steps to get the owner to return your money.
By reviewing your rental agreement, communicating with the owner, seeking assistance from RERA, and considering filing a case with the Rental Dispute Settlement Committee, you can work towards resolving the issue and getting your money back.
