Questions & Answers - Legal Advice Middle East

Claiming penalty for delay in property handover or termination and refund

Q: I have purchased a property in a Dubai project and as per my agreement, they are supposed to give me possession by the second quarter of 2019. However, they have still not given possession and when I ask for the delay compensation of 4%, they are not responding to that. As per Dubai Real Estate Law, can I cancel the contract? I am no more interested in continuing with these guys. If I file a case in the court, will the court ask them to pay the delayed charges as well as the legal expenses? Please advise

Changing the punishment of a bounced cheque case from jail to fine

Q: I have a bounced cheque case which was filed in Bur Dubai Police Station in December 2016 for AED 80,000/-, and in 2017, the judgment was issued in absentia (One-month jail term). Please note that I have already paid AED 35,500 to the claimant in instalments even before the judgment was passed. Also, this judgment was issued prior to the implementation of the fine system for cheque value AED 200,000 and below. My question is, can I convert this judgment to a fine without me visiting the police station or will I have to serve the jail term? Kindly advise on the possibilities.

Possible judgement for two bounced cheques in Dubai

Q: A company cheque case was opened against me in July 2017 (Muraqabat Police Station) for AED 221,600/-. The total amounts of the two cheques are AED 108,000/- and AED 113,600/- respectively. What will be the possible judgement in this case as it`s still pending? Can this be settled by paying fine?

Notice and penalty decided for early termination of commercial lease

Q: Hello Miss Amira, This is A. from a properties company. For a commercial property (office), I have two questions. Q-1: How many days should be the early vacating notice from the tenant? Q-2: How much is the penalty of the tenant for breaking the contract early? Kindly reply to me at your earliest. Regards, J. A.

Precautions and documents needed before lending money to a friend

Q: Hi, One of my friends wants to borrow AED 12000 from me. Can you advise me what are the documents I should take from him? Regards, C. T.

Hiring an employee on a temporary trial basis and drafting the contractual documents

Q: Hello, I am looking to hire a candidate on a temporary trial basis. Even though DED (where my Trade License is registered) allows this facility, it is not available for employees to have a residency visa on an FZ License. I am looking for a solution because I would like to have a contract with this candidate that includes an NDA and a Non-Compete that is valid by Dubai courts or by DIFC and is enforceable if this candidate misuses sensitive company data during or after his employment term. Please advise a solution!

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Rescheduling payments or termination and refund of a delayed property

Q: Hello! I was recently made redundant by my employer and currently have no income. My residence visa expires in August. I`ve bought 2 off-plan properties that I`m unable to pay off. The handover is due this autumn. I`ve contacted the developers requesting either the cancellation of the SPAs or the restructuring of the payment plans. Both options have been rejected. I would like to be advised on what options and next steps I should be looking into. Thank you! I.

Possibility of being charged by police if there is no proof of marriage

Q: Hi, I am married but don’t have a certificate to show it. I was reported for a bounced cheque and when police asked me for my statement, they asked if I’m married and I answered yes. I have a 2-year-old son who was born outside the country. Will I be charged with sex out of wedlock? Thank you

The eligibility of a 19 year-old person to sign an MOU

Q: Hello, I am 19 years old. I have tried to sell my apartment in Dubai. I and my mother have signed MOU. But no one had the right to sell the apartment. Only my grandfather can sell it because he is a guardian. In Trakhees office, they didn`t allow me to sell. Now the buyer wants 116.5k AED from me because I didn`t finish in time. I can`t pay. Is the MOU invalid because my grandfather didn`t sign it?

Claiming labour entitlements and notice period upon termination

Q: Hi Sir, I was terminated on July 6, 2020, and the effective date is July 7, 2020, without prior rendering of the 1-month notice period and I have 1-month notice period as per my unlimited employment contract. The reason is COVID-19 Pandemic and redundancy. I even requested my employer personally that If he will possibly still grant me to render the 1-month notice as per my contract, but my request has been denied. By July 10, I fully accepted and acknowledged my Notice of Termination by replying to the mail and requesting to send me my settlement, and until then, I will sign all the documents needed from my side. Am I still entitled to the 1-month notice salary even with or without rendering the said notice period because I was terminated? Or In-exchange they will give me 45 days extension of my visa but they will not give me the 1-month notice salary? Hope to hear from you soon. Thank you.

Safeguarding the interests of a partner not involved in operation

Q: I have a 5% partnership in a business (LLC) which is operated by another person who holds a partnership of 44% and the rest 51% is UAE National`s share (as required by law). I also have a Partner`s Visa from this company. As I am not involved in any decisions or operations of the company, how can I be safe without any risks if the company gets involved in any legal issues like any huge fines for any other irregularities? Will I be liable to pay if there are any fines? If yes, then how much would I be liable to pay? How much percentage would be my Share? Can I make some kind of contract to safeguard myself?

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Operating an e-commerce company under a general trading company

Q: Hi there! My father has a General Trading Company registered in Dubai, UAE. I`m planning to start an online e-commerce business with the same products but improved quality. I want to know if I can get my website registered under the same general trading license but it`s of a different name. If not, what are my options?

تجديد الإقامة في حالة عدم القدرة على العودة إلى الإمارات بسبب جائحة كورونا

س: أنا غادرت دولة الإمارات في شهر فبراير 2020، ولا أستطيع العودة بسبب كورونا. هل تُلغَى إقامتي تلقائيًا بعد ٦ أشهر؟

Claiming refund from developer after cancellation of project

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

إلزام صاحب العمل بدفع مستحقات الموظف المحكوم له بها

س: أعمل في شركة تطوير مشروعات بالإمارات منذ 5 سنوات، وتعمل على تطوير مشروع كبير لصالح إحدى الدول. منذ العام الثالث بدأ تأخير راتبي وأصبح صاحب العمل يدفع لي أجزاء من راتبي كل شهر دفعات نقدية. ولكنه انقطع عن الدفع تماماً طيلة الأشهر الست الأخيرة. وتبقى مجموع مستحقاتي المتأخرة ما يقرب من راتب سنتين 700.000 درهم تقريباً بدون نهاية الخدمة وباقي المستحقات. قدمت شكوى للعمل منذ شهرين وطلب مني مهلة شهر حتى يتمكن من السداد ووافقت على إعطائه المهلة. ولكنه لم يفِ بوعده للمرة المئة. سؤالي: ماذا يكون الإجراء حسب القانون إذا حكمت لي المحكمة بمستحقاتي ولكنه لا يستطيع دفعها ؟ هل هناك قضايا مشابهة يمكن أن نفهم منها ؟ وشكراً مقدماً

Enforcing divorce judgments from two countries in case of contradiction

Q: Hi. My ex-wife and I (both Muslim Pakistani citizens) were married in Pakistan and moved to the USA for 2 years. We did not have any children together. I then moved back to Pakistan and got a divorce under Pakistani Sharia law under which I paid her back mahr/dowry. My wife stayed back in the USA and got a divorce under USA law and USA court awarded her spouse alimony and some assets that were under my name. Now, would my wife be able to enforce any USA divorce claims against me in Dubai, even though I have fulfilled all of my obligations under Sharia (by paying back mahr/dowry)?