Questions & Answers - Legal Advice Middle East

Can I terminate a property purchase MOU and claim refund due to seller's breach?

Q: I signed an MOU for purchasing a property from the seller. It has now been close to two months, with no progress. The tenant at the seller`s property is not allowing time for valuation purposes. And now the seller is saying it`s not his problem and is not willing to pay the 10% agreed as per the MOU. There`s a specific clause in the MOU as below: "In the event that the `seller` fails to complete the transfer on the agreed date due to his own act or omissions, then the full deposit will be refunded to the buyer, and also the `seller` agrees to pay the same deposit amount to the buyer as a compensation for the loss of the said property unless they agreed amicably to different terms or dates."

Termination of a limited contract by an employee during the probation period

Q: Dear Mam, My contract is limited. I am on probation period now. Now I want to resign. Do I have to pay money to the employer? If so, how much? Is it from total salary or basic salary? Can you please clarify? Thanks!

An employer holds the passport of an employee after accepting his resignation

Q: Can someone here help me, please! My brother is in Dubai and finished his 2yr contract. He doesn`t want to renew anymore so he decided to submit his resignation and stop working. His employer agreed, however, they refused to give him his passport. They also told him that once he gets his passport, he will be arrested as they filed a case against him. In line with this, may I ask anyone`s kind assistance in this matter? My brother needs to work as he doesn`t have a visa and he doesn`t want to return to his old company. Also, I would like to ask if he is entitled to gratuity even if he finished his 2yr contract only? Many thanks in advance!

A tenant refuses to pay the outstanding dues or evict the property

Q: This is specifically related to Ras Al Khaimah. The tenant refuses to pay the rent, has not registered or renewed the expired tenancy, has bounced cheques issued for the annual maintenance charges and refuses to move out. What can be done, please?

What to do if the grocery asks you to pay penalty for item you forgot to pay for?

Q: I drank a soft drink of 3 dirhams from a grocery shop and forgot to pay at that time. And after going 5 times and shopping with them, I had also forgotten that. Now, while shopping the sixth time, they informed me that it was in their CCTV footage so I said ok, take it now but instead of that, they forced me to pay a penalty of 500 dirhams.

Splitting joint property and choosing the law in a couple divorce from different religions

Q: My friend is a Hindu and is looking to divorce her husband who is a Muslim. Will the Sharia Law apply in this case? They have been separated for 2 years. They have a house together with a 50-50 share. Will she get any alimony? She is at fault because she sent inappropriate texts to someone and her husband found out. Could you please advise?

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Lawyer assistance with the legal documents needed for operating private business

Q: I run a business of training & coaching services. 1. What legalities do I need to know to keep myself & my business protected? 2. What do I include in my contract/agreement with my clients? I have two clientele bases, one solo business owners/startups and second, I work with companies as an executive coach & trainer. 3. How can I get help from a lawyer to put down a contract with all the legalities?

How to get a good conduct certificate if you lost the Emirates ID

Q: Hi, I left the UAE in 2013, live in the USA. I need a ``certificate of good conduct`` for immigration purposes from the UAE government. I see how easy to get it online, but there`s one issue, I have no idea where my old Emirates ID is and my # is nowhere to be found. Is there a possibility to get this certificate on my Emirates ID # somewhere? Thanks

What to do to convince the bank of a settlement offer

Q: Hi, I`ve been out of work since September 2019 due to company restructuring, though I work there for more than 13 years. As of now, I still have a debt of 170k (150k as principal) with Bank M and 19k (8k principal) credit card debt with Bank F. I already contacted Bank M that I`m willing to settle the loan but if they could bring down the amount to 70k as I only have 40k on hand while I haven`t talked to Bank F yet. Is there any way that we could bring down the amount? I still don`t have any work until now and I`m just on wife support. Thank you and Best Regards.

Enforcement of a foreign judgment order in the UAE to claim financial rights

Q: In 2016, a Ras Al Khaimah registered company with an office in Dubai, along with one of its shareholders/directors, filed a lawsuit against me in a Canadian court. In 2018, they lost the lawsuit and the Canadian Court ordered them to pay me approximately Canadian Dollars $150,000 (~AED 450,000). They are not paying this amount. I would now like to file a claim against this company and individual in a Dubai court to have the Dubai court issue an order for the company/individual to pay me. I have the Judgement Order from the Canadian court fully legalized and translated. As such, please advise what the cost for such a claim would be - including court fees and legal fees? Also, what will the process be?

Is it necessary to hire a local advocate for a labor dispute?

Q: My claim is above 150k for unpaid salary and EOSB. Do I need to hire a local advocate? Or it is not necessary for a labour dispute?

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How to exit a partnership and get your share from the investment?

Q: Hello I’m a business partner who just decided to exit the partnership with three more partners. It’s a recruitment agency. I want to know what is the best right way of getting my share from the business in terms of the company’s valuation and current billing.

متطلبات فتح شركة لبيع البرامج الإلكترونية تعاملها إلكتروني فقط

س: السلام عليكم، أريد فتح شركة لبيع البرامج الإلكترونية؛ برامج توفر خدمات لأصحاب الشركات والبيع والشراء سيكون إلكترونيًا فقط. الشركاء 5-7 أشخاص. أرجو المساعدة في الإجابة على الأسئلة التالية: 1- هل مطلوب توفُّر شريك إماراتي؟ 2- ما نوع الشركة المناسب لبيع البرامج الإلكترونية؟ 3- ما الفرق بين إجراءات فتح الشركة في دبي وأبوظبي؟ 4- ما المبلغ المطلوب لفتح الشركة؟ 5- هل توجد ضرائب؟ وإن وُجدت، فما الضرائب المطلوب دفعها بعد التأسيس؟ شكرًا!

Rights of property investor in case the developer failed to pay agreed ROI payment from the developer

Q: I have 3 hotel apartments with a Dubai developer which I have paid fully. They were supposed to deliver in December 2019, they guaranteed a 10% ROI amount [return on the investment] paid for the properties. May 2021 is fast approaching when I would be due for ROI payment from the developer, however, they are now asking for VAT payment with immense trickery calls... etc., and now stating they will not pay any benefits (ROI) unless the VAT payment is made. Note that they have not provided any current dated VAT invoices nor any VAT invoice at the point of sale and they have not completed or handed over the property. The SPA states that I shall pay VAT however puts no dates or periods at all specifying the date of VAT payment. If they do not provide me the appropriate VAT current dated invoices and because of that, I do not make the payment, do they have the right not to pay me my contracted ROI on the dates specified on the SPA (May 2021)? In case they do not pay, do I have the right to cancellation and compensation of SPA?

موظف لدى شركة اتصالات يصدر خط بدون علم العميل

س: اشتريت خطين من شركة اتصالات وأخبرني الشخص أنه يريد بطاقة شخصية فأعطيته بطاقة والدتي فطلب مني إيصال كهرباء ولم يكن معي فذهبت لأحضره ورجعت. اتضح أنه بدلاً من أن يعطيني رقمين باسمي أصدر 3 أرقام؛ أعطاني اثنين وأخذ واحدًا. استلمت اليوم ورق من شركة الاتصالات يطلبون مني فيه تسديد المبلغ على خط الثالث الذي أخذه ذلك الشخص الذي باع لي الخطين وقيمته 2500 وقد وقَّع باسمي بدلاً مني. أرجوا المساعدة!

Can I claim compensation from a beauty center for wrong treatment?

Q: I got 2nd-degree burns in my buttocks and 1st degree burns in 6 places thru a slimming beauty center where I was advised to do a Detox machine. They wrapped me full and put me in high heat. I screamed for help but no one came until it was 20 minutes. I got burnt which I didn`t realize but told it`s too hot, switch off treatment, I don`t want. I want to sue the company for compensation due to their negligence. I have had a sleepless night. On my birthday date, I was in the hospital for 4 hours. I had to go to Dr every day for the bandage. I am traumatized. I went to the police station. I went to DED but in the end, they said to go to Court. I am confused. I have a medical report plus all my burns photos. It happened on April 3rd. Please guide me. Thank you. Mrs. Mohi