Questions & Answers - Legal Advice Middle East

Suing the developer for breaching the terms of SPA

Q: In June 2008, I bought an office in DSO, for AED 847.339. The completion date was December 2010. For 8 years, the developer dragged the construction for unknown reasons. I, therefore, did try through RERA and the Notary Public, to get my money back for breach of contract but the developer refused to answer my request. Today, 8 years later, the office is ready for the final handover. In between, I lost 8 years of rent (AED 360.000) and the opportunity to sell that office when the market was still high. Last but not the least, the developer just informed me verbally that the office that was freehold is now leasehold despite what is stipulated in the signed SPA. Today, I would like to know what are my legal options to get my money back or at least get some compensation.

العقوبة المحددة لعدد من الشيكات المرتجعة

س: عليه 4 قضايا شيك بدون رصيد وقيمة الشيكات: - مليونين - مليونين وخمسمائة ألف - 150 ألف - 350 ألف تم إلقاء القبض عليه ولَم يتم الحكم عليه فما هي العقوبة؟ مع العلم بأن صاحب الشيك مليونين وخمسمائة وافق على الصلح أما الباقي فلم.

استمرار الكفالة بعد استئناف حكم بالحبس في قضية شيك

س: السلام عليكم لدي قضية شيك غداً والمبلغ كبير 674 ألف لكن تم دفع حوالي 243 ألف من المديونية التي هي أساساً 500 الف، وعندي الدليل. علي كلٍّ، في حال حكمت بالحبس لشهر أو ثلاث واستأنفت مع استمرار الكفالة، هل أخرج فوراً أم في اليوم الثاني؟ أم يمكن أن ترفض النيابة استمرار الكفالة مثلاً لأسبوع حسب ما أخبرني البعض؟ علماً أني مكفل بجوازين.

Travel ban checking while a case is running

Q: How to check travel ban while a case is running? I have to go and meet my mom and dad...

Seeking to lift a travel ban within the UAE amnesty scheme

Q: Hi, I have a travel ban in the UAE since 2012, and I have tried to get a visit visa many times but it was rejected. Now, I just read about the amnesty scheme 2018 where they are lifting the travel ban. I need your full assistance in this regard. Regards, Syed Azed Raza Lahore, Pakistan.

Appealing a court order of deportation for criminal violation

Q: Hi, My son was found guilty of smoking weed. The charges were consumption and possession for consumption. Can we appeal to cancel the deportation? Does it have any repercussion in case the appeal is denied?

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Consequences of tenant eviction on the landlord

Q: Hi, A Dubai Sports City apartment was rented out. The tenant was served a 12 months` notice (reason to sell). The tenant terminated the contract with 2 months` notice and 1-month penalty, 6 months early. The apartment cannot be sold now due to the market conditions, and thinking of renting the apartment out again for a lower rent than before. The apartment is mortgaged so need to rent out. Dubai rental law says that the apartment cannot be rented for 2 years if the tenant is evicted. But as the tenant terminated the contract 4 months early, does it nullify my eviction notice to him? 1. In this case, am I prohibited from renting out the apartment for 2 years? 2. Can my previous tenant take me to the Rental Dispute Center (RDC) though he ended the contract early? 3. If he is successful at the RDC what can the judge award him? He owns several apartments himself in Dubai and moved into one of them. What could the RDC award him in this case? 4. Any other implications for me renting the apartment out again bearing in mind all the above? Any advice appreciated. Thank you

Checking possible cases for unpaid debts

Q: Dear Sir, I want to check if there are any cases registered against me for unpaid debts.

VAT applicability on private passenger transport

Q: Is private passenger transport by land taxable in the UAE?

Notarization of documents in the UAE

Q: How can I notarize my documents in the UAE? What is the procedure?

إمكانية استبدال غرامة شيك مرتجع بالمنع من السفر

س: السلام عليكم أستاذ ناصر لدي سؤال مستعجل بما يخص بلاغ ضدي على شيك مرتجع ( الشيك يخص إيجار سكن من إحدى الشركات العقارية ). حيث قامت الشركة بفتح بلاغ في مركز الشرطة وأنا عاطل عن العمل منذ سنة ولا أستطيع دفع قيمة الغرامة الجزائية لإسقاط التعميم مبدئياً والحصول على إقامة جديدة. سؤالي هو، هل أستطيع أن أُكفِّل نفسي بأن أطلب وضع منع سفر بدلاً من الغرامة ليتسنى لي إزالة التعميم و الحصول على إقامة جديدة؟؟

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Forcing renewal upon the expiry of a limited employment contract

Q: I was working with a company in Abu Dhabi since 2014 and successfully completed my 2-year limited contract. Now, I sent a non-renewal letter to my company after finishing my contract, but they are forcing me to sign one more contract and not releasing me by saying that I am supervising many projects and I cannot leave suddenly. It is very important for me to go back to my country and solve my personal problems. kindly suggest, what should I do? I have already booked a complaint against them in labour but I am worried that through labour dept. it will take time as my employer always skip court hearings. Kindly suggest and also correct me if I am wrong, do the employee in a limited contract need to give notice period before the expiry of work permit?

Child custody and application of travel ban

Q: My ex-husband and I just received the final divorce judgement from the court. I was granted custodianship of my daughter along with both her Jordanian passport and Canadian passport (I am her sponsor). If I wanted also to enforce a travel ban in the UAE, how much should this cost approximately? Or can I file it myself? Is it just an application request or an actual court procedure?

Claiming dues from employer upon forging signature on cancellation

Q: Hi, On the 29th of March 2017, my UAE (Abu Dhabi) visa has been cancelled by my employer and I never put my signature on papers to cancel the visa, due to my outstanding dues (AED 82000). But they had put my signature to cancel my visa. Thereafter, they have transferred me to Qatar and said we will settle your outstanding dues soon, but still, they have not settled the said amount. Now, I`m camping in Dubai with the help of a one-month visit visa to receive my outstanding dues. My employer is saying to go back to my hometown and they are promising that every month they will send AED 10000 to my account. However, this statement is not acceptable to me. I need my whole outstanding dues in one payment. Kindly advise me. Thanks, Ramaswamy Nadar.

Consequences of a bounced security cheque issued to bail a friend

Q: My husband wrote a guarantee cheque for a friend who was in jail. He had a reputable business and my husband assumed upon his release his friend would be able to access his frozen account and make repayments. The so-called friend ran away and left my husband with a bounced cheque of AED 1048000. There is a big case against his ex-friend from many he has defrauded, it has been in the newspapers and affected many innocent people. The cheque has obviously bounced and a case has been filed with the police. We never took a penny of this money and have all our statements to prove this. Unfortunately, the payee doesn`t care and wants money regardless, even though he knows the culprit has run away. 1. What is the process? 2. What are our options? 3. Could we get away with a fine? 4. If we present all the people who have been defrauded by this ex-friend to the court and our bank statements as proof, do we have a chance? 5. Will he go to jail and what kind of sentence is likely?

Debt claim from a company owner after the job is done

Q: I run an architectural firm in London, UK. One of our clients is a property broker based in Dubai who also has a UK based company that was set up specifically to pay our fees. He is the director of the UK company as well as the Dubai company. His company is refusing to pay us £12,000 that has been owed for work we completed over 12 months ago. Is it possible to lodge a claim against him personally in Dubai as I have a feeling he will just shut down his UK company if I pursue it through the UK courts? If so, what is the process and how much would the legal and court fees be? We have a contract signed by him, but on behalf of his UK company, and a lot of correspondences between us and his company trying to recover the money.