Questions & Answers - Legal Advice Middle East

Denying brokers fee after closing a property sale deal

Q: Hello Sir, I have a real estate in Dubai and have closed deals with the developers. They`ve kept my broker commission on hold since a year. What are my rights to claim it?

Leaving the UAE and paying bank debts from another country

Q: Hi Ma`am, I am an Indian National living in the UAE. I have 1 credit card, I do not have any loan and I also do not have any EMI to pay but I have AED 25000 due to pay for my credit card. As soon as my salary is credited as the final salary in my bank account, will the bank file any case or inform the police to stop me before leaving Dubai? Now I got a job in Saudi Arabia and I am unable to pay all the money at once. My question is that, can I leave the UAE without paying the due amount? Will it create any issue at the airport while leaving to India on the final exit? If I want to go to India without informing the bank and without paying the due amount, will the Dubai police stop me at the immigration at Dubai Airport while leaving to India on the final exit?

Is the employer authorised to hold the employee passport?

Q: I want to take my passport back from my employer. I am taking a salary of 1800 and working as an engineer, so why should I keep my passport with them? I have not taken any advance from the company, but I am afraid to ask them to return it to me. What to do if they deny it because after asking passport a new issue will be raised and I know they will not give?

Arbitrary dismissal of an employee without warning or notice

Q: I have been terminated from my unlimited contract after working in a company for 15 months with no notice period. They say it`s because the upper management has found that my performance is not good enough. I have not received any paperwork or warnings that I need to improve otherwise I will be terminated. I have also been promoted in January of this year for exemplary performance. What are my rights under the UAE law and articles 120 and 123?

Rights of the tenant in case of selling the property

Q: I signed a lease renewal for an apartment in Abu Dhabi for one year starting 28 October 2019. The owner is now selling the apartment and the new owners want to evict me with two months notice once they own the apartment. I have no contract with the new owners. Is this legal? Thank you.

Clearing cases in the UAE and obtaining police clearance certificate

Q: I have unpaid credit card dues from multiple Dubai banks since Nov 2012. I could not pay the same as my company was closed and they removed me without intimation. Wish to clear the outstanding dues, release any criminal case against me and get a police clearance certificate from Dubai police.

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Possibility of travelling to GCC in case of a UAE ban

Q: Assalamu Alaikum, How can I remove the ban imposed on me 7 years ago? Will this ban also restrict me in having employment in other gulf countries?

Dealing with an absconding case due to delaying employment visa

Q: Absconding case filed by a travel agency due to overstaying. Dear Madam/Sir, Last June 20, my visit visa was expired and after 1 month my employer paid the penalties and processed my entry visa with a MOL number. But after 1 month I got confused cause the travel agency called us and said my entry visa was expired last July 29 and I still have penalties to pay. My employer and the agency had an agreement that they will process my visa within the month of August but nothing has been processed. So the travel agency filed an absconding case and until today, my employer is not working on this issue. Also, I did not yet receive my salary for 2 months. Please let me know what will be the legal action for this case. Thank you.

Holding the security deposit of the tenant to fix damages

Q: We have a tenant, it was clearly stated in the lease contract that she has to hand over the property in the same condition it has been handed over to her. Now, she`s leaving the apartment in the Palm (2BR). Imagine 16 busted bulbs, the guard rail of the fridge is broken lots of nail holes and the property is dirty. She got it painted and cleaned and now she`s claiming that she will report to RERA as she`s not responsible for the painting and cleaning (so she wants a refund) and she`s not going to replace those 16 bulbs and the guard rail in the fridge. When we handed over the property, we gave her 14 days to snag it and we rectified all the issues. Is she entitled to all these claims she`s telling us? We are not giving back her deposit yet until she fixes the property. Do we have the legal right to demand these from her? I know the lights are consumables and she`s supposed to replace it as all the lights were working when she got the keys. Thank you.

Husband and wife liability for the mortgage payment default of a joint property

Q: My husband and I are in the process of purchasing a property in Dubai. The mortgage will be fully paid by my husband. However, we would like the house to be equally owned by both of us. For that, as a co-owner, I will need to either provide my personal guarantee (tripartite agreement) to the bank or be a co-applicant in the mortgage. In such situations, if my husband is incapable to pay the instalments in the future, will I be held liable to pay the mortgage?

Acting against termination during probation

Q: My employer wants to terminate me before the probation period, yet I still need to work. What if l refuse to sign on the termination letter? What will happen?

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Legal action against the husband for cheating

Q: Hello, My husband cheated on me and asked for a divorce after I caught him cheating. I signed the initial divorce papers, the second signature will be after 20 days, but I cannot get over the hurt and the pain he and his mistress has put me through. Is there anything I can legally do?

How to check the reasons for rejecting employment visa

Q: Dear Madam, I would need your help in solving my issue. Please note I have stayed in the UAE for the past 4 years in both RAK and Dubai. I have no criminal offence during my stay and I was employed with all reputed companies. However, last December 2018 my contract was suddenly terminated by my previous employer without any notice. So I lost my job and had to fly back to my country. Once back, I started to look for jobs again as I needed to afford my old parents. Meanwhile, my previous employer has cancelled my work visa and I was given visa cancellation as well. Somehow I managed to get a new job again in the UAE, however, suddenly the employer came back to me and said they are unable to apply for my new work visa because as per Immigration my profile has been blacklisted. I have no clue why and how can that be even possible because I had a very clean track record during my stay and always abide by rules and regulations.

Filing a case to recover outstanding debts from a company

Q: A company owes me 3 million dirhams. Due to payment difficulties, I offered them a discount of 1 million dirhams provided they keep up to an agreed payment plan which was sent to them and which I have a copy of. Now, it has been over a year since they haven’t honoured the payment plan. Can I file a case against them claiming the current outstanding plus the discount that I gave them?

Infringement of the trademark laws of a product

Q: If someone is bringing cargo OEM pack and put their brand name and model number by removing the original brand name and model number, will it be against the copyright law/ trademark law/ IP law?

Claiming refund from developer for delay in the delivery of property

Q: I bought a unit in a project on 10th Oct 17, I paid so far 30% plus DLD. The unit should have been delivered Jun 19, yet it will be delayed more than a year. Is there any legal way to cancel and receive my money back?