Questions & Answers - Legal Advice Middle East

Seeking compensation and termination because of delaying property transfer

Q: Hello, I signed a sales agreement for the property a few months ago and in terms & conditions (issued by Dubai Land Department), it was mentioned that the transfer of the property should be done not later than September 1st. Unfortunately, the seller did not manage to make a transfer until the due date. Until this date, the seller failed to get the NOC from the developer of the property. What could be my legal action if I would like to terminate the contract because of the failure to transfer the property and get back my deposit? Do I have a chance to seek compensation in this situation if in MOU it is only mentioned that the ``seller`` agrees to pay the same deposit amount to the buyer as compensation for the loss of the said property, although it is not lost, but the seller did not make a transfer due to his own act of omissions?

Previous partner's liability for the outstanding bills of Etisalat

Q: I was a partner in an LLC company in Dubai from April 2017 to April 2018 with 4 partners having equal shares. In April 2018, when the trade licence was renewed, it was renewed with only 1 partner which was not me (earlier 3 partners were removed). So the new sole owner who was an existing partner earlier didn`t update the Etisalat with the new trade licence. How am I liable for the outstanding bills which are around 13000 Dhs even though my name is not included in the trade licence?

Possibility of being arrested in Qatar Airport if there is an unpaid loan in the UAE

Q: Hi everyone, I have left Dubai 10 years ago with unpaid loans in the UAE worth around 1 million AED, I know for a fact that I have a police case against me, but there is no Interpol red notice issued. My question is that if I have a connecting flight through Qatar, will I get arrested at Qatar Airport during layover/connection for my police case in the UAE?

Setting up an online shop to deliver goods to all the UAE

Q: Hello! I have an idea to open an online shop and deliver things to all the UAE. I am based in Dubai. Should I have any license to open an online shop? Should I open a new bank account to receive payments from the customers or it can be my personal bank account? Thank you for your answer!

Changing work visa while there are pending dues with the current employer

Q: Hi, I have been working in the DHCC Freezone for the past 3 years and a half. The employer owes me pending salaries amounting to almost 8 months plus end of service. The employer has no intention to pay the money and is claiming that they don`t have any money in the account. All the staff in the company are suffering the same fate. I have managed to secure a job with a different employer and want to change my visa to the new employer. Can I change it without signing papers stating that I have received all my dues? If not, then what is the legal procedure to change the visa? Does a court case enable the court to allow me to switch?

Traveling abroad while there is a pending personal status case

Q: If a person has a case against him under personal status which is filed in Dubai court, can he still travel outside the UAE? E.g. going on vacations, holidays, etc.

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Explanation of the notification by notice of action

Q: What does it mean by notification by notice of action?

مطالبة الأم بنقل الحضانة لأمها في حالة عدم صلاحيتها لها

س: السلام عليكم، لدي استفسار بخصوص الحضانة. الحضانة بشكل عام تكون للأم إلا في بعض الحالات التي تسقط فيها الحضانة عن الأم وتؤول للأب. سؤالي: متى تؤول الحضانة للجدة أم الأم؟ قريبي لديه طفلان مع أمهم وهي حاضنتهم، لكن قُبِضَ عليها بتهمة شرب الخمر، وقد رفع دعوى ضدها مطالبًا بحضانة الأبناء لأنها غير جديرة بهم... إلخ. هل يمكنها المطالبة بتحويل الحضانة لأمها أي الجدة؟ أعرف أن كل شيء بتقدير القاضي وأنه يرى مصلحة الأبناء قبل كل شيء، لكن إذا وكلت محامي، فهل يستطيع أن يطالب بنقل الحضانة إلى الجدة أم تسقط نهائيًا لأن عليها قضية جنائية وهي شرب الخمر والأب قادر على التكفُّل بالأبناء وتربيتهم؟ أفيدوني بارك الله فيكم!

Recovering money given to a friend whose property is in Dubai

Q: We are residents of Bahrain. My father gave a personal loan (through bank transfers) to his friend because his apartment was under a mortgage and he could not pay. Now, his friend is a resident of Dubai and the property is also in Dubai (Silicon Oasis). He is refusing to give the money back and says: "buy my apartment". The market price of the apartment is 450000 AED. The loan we gave him was for approximately 500000 AED. However, he is demanding 750000 AED for the apartment which is way above the market price. We only want our money, we are not interested in the apartment. However, he is in Canada right now and it is only his Dubai property against which we can take action and create a charge. We need your legal services for the same. Please advise regarding the course of action. Also please feel free to contact me on my email for representation. We are ready to pay reasonable charges for your services.

The proper way to file a labor case against a free zone company

Q: Hi, Hope you all are doing well! I want to file a complaint against a free zone company online, but it is asking me for a "letter from the free zone area". I have no clue what this letter is and where I can get it. Any information, please? Your kind assistance will be highly appreciated. Thank you in advance!

The custody of children when the wife has a relationship with another man

Q: If the wife is having a relationship with another religious guy and she wants to go with him and take the child with her, what will be decided if a case is filed? Who will get custody?

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Checking cases after leaving the UAE with a bank loan and credit card

Q: I require some advice on whether or not I can re-enter the UAE if I have an existing debt in a bank, and credit card also.

رفع منع السفر في قضية دين لعدم القدرة على السداد

س: علي قضية مديونية منقولة من البحرين إلى محاكم الشارقة وقد حكمت ومفصولة وأدفع أقساط ويوجد علي منع من السفر، والآن لا أعمل وسيصبح علي تراكمات أقساط وإجراءات أخرى. هل يمكن رفع منع السفر بأي طريقة كانت، مع العلم إنها منقولة للتنفيذ؟ أفيدوني مشكورين

Closing an LLC company by a partner and claiming the rights

Q: What is the process to close an LLC company which makes losses? I am a partner. My partner/ managing director didn`t make any audit nor accounting for 5 years. I filed a case against him. He mismanaged the company and it went into losing more than the capital, 200% of the capital and he didn`t inform me. What should I do?

Investing in an off-plan property in Dubai

Q: I am an Indian citizen. I wish to invest in an off-plan property in Dubai. Specifically, I am interested in knowing the following: 1. Is there any standardized law (legally binding on the property developers) regarding the calculation of the property units` saleable area? 2. If yes, what is the Law No.? 3. Whether the saleable area is calculated based on - Net Internal Area (Carpet Area) OR - Including Wall Areas OR - Including common Areas? 3 A. If Wall/common areas are included, how much (%) of the wall area is added over & above the Net unit area? 4. Whether parking space is included in the saleable area of the unit or paid separately? 5. Whether the balcony area is calculated at the full rate the same as the unit area? 6. Whether it is required by law that the developer should mention the method of calculation of saleable area in the SPA? If all this information is available in any law/resolution, that would also suffice.

Claiming the passport held by employer after cancellation of visa

Q: My employer has already cancelled my visa, but they hold my passport.