Q: I bought an off-plan property & paid 100 % amount, also paid 4 % Oqood by June 2011. Now, I learnt through DLD that the property is cancelled as the builder could complete half construction & now it shall go for liquidation. I am stressed whether I will get the full invested amount after liquidation or just minimal. What do the laws say?

Q: 5 years back, I paid a real estate broker an amount of AED 797,420 in cash towards booking amount for 3 units in an under construction building in Dubai Marina. He has cheated me by giving me bogus stamped registration forms from the developer and has never paid the money to them. The developer has no record of me in their system. I have tried to speak numerous times with the broker but he insists that the documents are all true and the money has been paid to the escrow account, but the developer has verbally confirmed otherwise. Since the forms are all bogus, the developer is refusing to communicate with me officially. I need legal assistance to get information from the developer as they are the only ones who can prove that these forms are bogus. Do let me know future course of action and fees applicable as well. Best Regards,

Q: I have purchased a property in Dubai in Dec 2017 by putting a 30% deposit of the purchase price to the Developers account and received the reservation form and receipts only. However, I still do not have the SPA or OQOOD as of Aug 2018. The developer has been saying the SPA templates have been getting delayed at DLD. Per the reservation form, I have an upcoming payment in Sep 2018, however, I do not want to pay this as I still don't have the SPA or Oqood which is my legal document and there is no escrow account per DLD website. What is my legal position here and how can I get this resolved or can I get refunded given there is no contract as yet? Please guide

Q: I booked a unit with a developer and I paid 14%. Later on, I knew that the project is on hold and the company is closed. What actions should be taken from my side to get my money back and how long it will take?

س: السلام عليكم، أود استشارتكم بخصوص استرداد الدفعة المقدمة لشراء عقار بدبي تحت الإنشاء، مع العلم أن المبلغ المُودَع تم تحويله لحساب الضمان. سبب الطلب أن الشركة المُطوِّرة لم تُرسل العقد وتم إيقاف المشروع بطلب من دائرة الأملاك والأراضي، والآن صاحب الشركة مقبوض عليه في قسم الشرطة. لذلك أريد أن أعرف كيفية استرداد المبلغ من حساب الضمان لدى دائرة الأملاك والأراضي. وشكرًا لكم!

س: اشتريت شقة في مشروع على الخريطة في دبي منذ عامين لشركة معروفة ودفعت ٥٠٪؜ من قيمة المشروع كدفعة أولى وتبين لي حديثًا أن المشروع قيد الإلغاء وبانتظار قرار اللجنة من دائرة الأملاك والأراضي لتصفية المشروع. هل يُنصَح في هذه الأثناء بانتظار قرار اللجنة أم بإنذار الشركة المُطوِّرة للمشروع ومقاضاتها في المحكمة؟

Q: Hi, What action do I take if a developer has accepted cheques from me (towards my 30% off-plan payment plan) that were made payable to the company (and not payable to the specific escrow account for the developer's project I am buying from)? Is this illegal and voids my SPA contract with the developer? Thanks for your advice.

Q: This is regarding an under-cancellation real estate project in Dubai (started in 2017 & was supposed to be handed over in Dec 2019 but progress did not move beyond 10%). I made my cheques payable to the company rather than to escrow account. AED 881K was already cashed out of 1,460K (+ 58,400K for Dubai Land Dept). What are the options available for recovering my money? Thanks

Q: Can Dubai real estate agencies act as escrow for resale properties? Online transaction. From outside the UAE. A reputable real estate agency in Dubai with a valid RERA real estate license has been chosen. The property is a finished resale property. Not an off-plan property. Payment would be made to the real estate agency which in turn promises to make sure it will be a fair transaction so that the buyer will receive the title deed, as well as the seller, will receive the payment. Can or do Dubai real estate agencies usually act as escrow?

Q: Hi, I am looking to purchase an off-plan apartment in Dubai. The agent said that the developer wants a 10% reservation fee/down payment before the project is officially launched i.e. registered at the DLD. I have checked RERA and the project is not registered although the developer is licensed and I have been provided with their trade license. They say the project will be registered with the DLD shortly, but in the meantime they want me to pay the down payment directly to the developer using my credit card. I am assured that this is a normal process for pre-launch sales to guarantee me the unit that I want. Is this normal and safe? Should I insist that I wait until they have an escrow account?

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.

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.

This Resolution approves the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.