Questions & Answers - Legal Advice Middle East

The required procedures to get the invested money upon business failure

Q: Dear sir/madam, I need to hire an experienced lawyer (civil case, cheque bounce case). I have invested a total amount of 250,000 AED with a catering company and due to Corona, their business went down and they are not able to return my capital amount. I gave them more than 8 months but nothing. I have already registered the case online (dc.gov.ae) and the court already accepted and asked me to pay 2% which is around 5800 (including the travel ban). Now what I would like to know is what happens exactly after I make the payment? Will the court give 15 days notice period and I will get the execution order? What are the steps? How much would the legal office cost? (note: I have already registered a case as I said)

Refund of the full price I paid for two properties in Dubai that got canceled

Q: I bought two properties in Dubai in 2007 and 2008 and the full price has been paid. I have registered both the properties with Dubai Land Registry Department. The developer is now not contactable. How can I get the money back for the canceled properties? Help and support will be highly appreciated. Dr. A. P.

The rights of an employee upon resignation under the new labor law

Q: Dear sir/madam, My employee has resigned from a limited contract and not serving the notice period. Your reply is very contradictory to my question as compared to your reply to someone else. Thanks for contacting me online. If an employee terminates the limited contract before the expiry date, he is not eligible for any benefits like gratuity, leave salary, and ticket. Instead, the employee has to pay 45 days` salary as compensation to the employer if the employer makes a claim for it.

Claiming the money paid for buying a car after being deceived

Q: Hello, I purchased a second-hand car from a direct owner in Dubai. The owner claimed that there is no accident and only small paint in the car. I trusted him and purchased the car at the price he asked for. After driving the car, the car had a problem and I went to the mechanic. The mechanic informed me post-inspection that the car has been in a major accident and it has been fully repainted. When I went to an authorized dealer thereafter, they told me that the value of the car is 60,000 AED due to the damage. However, I purchased it for 115,000 AED. The car owner did fraud with me. It is not safe to drive the car now and it looks risky to drive. Could you please help me here if I can go to the court and claim my money from the owner? I would appreciate your assistance. Thanks!

الاعتراض على خطاب دائرة دبي للأراضي بالإلغاء والمطالبة برد المبلغ

س: السلام عليكم، مرحبًا! لقد حجزت غرفة فندقية ذات ربح سنوي مع مطور. دفعت حوالي ٤٠٠ ألف درهم إماراتي. وقد ذكر في تفاصيل التسويق الخاصة بهم للمشروع تحت الإنشاء أن المشروع سيكون جاهزًا بحلول مايو ٢٠١٩ وقبل بداية الإكسبو. لم يكتمل في 2019، ونسبة الإنجاز حاليًا 98% وفقًا لدائرة دبي للأراضي والأملاك. أوقفت سداد الأموال للمطور منذ 2019، واليوم يطالبنا المطور بسداد باقي المبلغ وهو ٦٠٠ ألف درهم. تلقيت اليوم رسالة من دائرة دبي للأراضي والأملاك بشأن إلغاء اتفاقية الوحدة. الآن كيف يمكنني الاعتراض والحصول على المبلغ المدفوع؟ مع العلم بعدم قدرتي على سداد المبلغ المتبقي. يُرجَى الإرشاد. شكرًا لك!

A developer forged the signature of a client and signed the SPA. What to do?

Q: Hello everyone, I bought an off-plan unit from a developer around Feb. 2018. They promised to deliver by March 2019, but they kept on postponing. Along the way, they asked me to sign the SPA. I said I won`t and requested them to refund me my payments. At one point they agreed and later they said no. I have all these correspondences on email. Finally, the developer forged my signature and signed the SPA by themselves and registered it with DLD, and processed the cancellation. When I visited DLD, I have been shown an SPA signed under my name on May 13, 2021. The signature was done fraudulently because I did not sign it. I made a payment of more than AED 130K. I would appreciate your guidance.

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Transferring money to a personal account in the UAE

Q: Hello, We have moved to the UAE and opened a Free Zone Company. We have managed to open our personal UAE bank accounts and these accounts have a GBP foreign currency account in them as well (personal). Now, the issue is we are facing tremendous issues with two business banks that we opted to apply for our business accounts. Our questions: We have two clients in the United Kingdom that will be paying us in GBP £, can we get them to pay us directly into our personal GBP accounts whilst we wait for the banks to get their act together? Would this be allowed by UAE law?

The employer took my signature on a loan I never took to pay visa expenses upon resignation

Q: Can an employer get a signature on a loan paper for giving them a job & after resigning asks them for visa money or else they will file a case against the loan amount? Please guide me, in such a case, what should that employee do because they hold the passport? They cancel the visa & do not give the canceled paper so the employee should change the status to avoid a fine. They just keep on blackmailing me to get the visa money in terms of the loan paper. Is there any possibility to show the bank statement that we never received such an amount? Or the employer never has the cheque receiving, but just the loan request paper? Can you please guide me?

My husband left me and our son. Can he come back and take our son without my permission?

Q: My husband left me and his son a year and a half ago and traveled back to Russia without even canceling his work visa. He contacted me recently claiming he divorced me under an exceptional condition in Russia so that he doesn`t take any financial responsibility towards his son. I am the sponsor of my son and I pay everything for him for the last 4 years. He is 7 years old and goes to a good school in Dubai. My question is if his father decided to come back again as a tourist, will he be able to issue my son any exit pass or even be able to take him out of the airport without my permission? My son`s passport is with me.

How can clear a case by the bank to cancel my visa and join a new job?

Q: Dear Madam, I am about to join another company but my visa cancellation was on hold because of the travel ban issued by a bank due to a bounced cheque. CID had advised me to take court clearance to remove the travel ban. When I went to Al Adheed, they advised me to file an appeal to get court clearance which I applied for & paid the fee the same day. After 5 days, someone advised me to just ask the bank to withdraw the case since I already cleared all my loans a month ago. Please advise which process will take less time. When I went to the bank they told me that I need to pay the lawyer`s fee and other fees for them to withdraw my case and it will take them 2 weeks to withdraw. How long will my appeal take? (It`s already 1 week since I applied) Can I withdraw my appeal and ask the bank to withdraw the case? How long will it take in withdrawing my appeal? The other company is not letting me join until they had process my visa and I`m afraid I might loose this job due to this issue.

Can legal notice for non-payment of rent in Dubai be sent by DHL or does it have to be Aramex?

Q: Can legal notice for non-payment of rent in Dubai be sent by DHL or does it have to be Aramex?

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Paying the court registration fees upon losing an eviction case

Q: Dear sir/madam, We lost an eviction case in Dubai and our landlord is asking for his court fees. These costs exceed the court registration fees by 3000AED (Typing fees, translation fees, etc.). He is asking to pay him directly. We have already paid the rent and scheduled the move-out. Do I need to pay for these fees? Does he have to open an execution file to claim them? Thank you very much!

Can the company force me to leave the country upon termination?

Q: Hello Sir. The company terminated me and canceled my residence visa and told me to take the ticket by myself. But I want to know whether exiting the country as the company wants is compulsory or not. I don`t want to exit the country. I got a new job in a new company with a residence visa. So what is the solution? Please let me know.

What happens once the family counselor passes the case to the judge?

Q: Hello, What happens once the family counselor passes the case to the judge? Does the judge make the decision on the same day or does he give time? And how much time does it take? Kindly advise!

How to check a possible case and travel ban for unpaid loan before returning to the UAE?

Q: Sir, I took a loan of AED 67000 before the Corona crisis. I left the UAE during the pandemic and can`t go back. Now I want to come back to the UAE. How can I check my status? Kindly guide me, Sir.

What are my labor rights in case of termination after 10 months in a limited contract?

Q: Good morning. I’m under a 2-year limited contract. My company has terminated me. I have worked 10 months with the company now. Please do I stand to get compensation from the company?