Questions & Answers - Legal Advice Middle East

Refund of money transferred

Q: In July 2016, I sent a big amount of money by telegraphic transfer within the UAE when I opened the account with UT market. The company shut down at the end of last year with all money invested. I have the Agreement with me and a copy of the Application for the telegraphic transfer. Any chance the money can be returned? Thank you, Mary

Drafting agreements and setup documentation for a startup

Q: Hi, I am looking for legal advice pertaining to setting up a startup in the UAE. Specific elements would be pertaining to formulating customer disclaimers, client contracts, company partnership, setup documentation, etc. Appreciate your support. Regards, Deepak

Can I work in other GCC countries if I have unpaid bank debts in the UAE?

Q: Greeting! My name is Fazil Hussain, I was working in the UAE for past 5 years, I have a personal loan of 80,000 from ADCB Bank in Dubai. I never missed a single EMI to the bank and had good records. But I lost my job, so had to come back to India. I wanted to go back to Dubai and search for a job but the bank said they have blocked my visa and I cannot get a job there. I replied to the bank by email that if they block my visa then how can I find a job in Dubai and how should I pay my outstanding balance on the personal loan. I can pay my loan only if I get a job in the UAE... Please help me with your advice, I can pay the outstanding only if I work in GCC. I can`t afford to pay from India. I want to pay my outstanding and clear it. Can the bank give me NOC to work in Dubai and pay their loan? And I want to know, is it possible if I go to Saudi Arabia and do a job and pay my installments to the bank in the UAE?

VAT and its application for a broker selling third-party goods in the UAE

Q: Hi, We are a third party portal acting as a broker. We are selling products in the UAE on behalf of retailers. However, we invoice end users including the VAT. Our model is based on commission which means that X% amount of net amount will be retained and the remaining will be transferred to retailers. How to handle this legally between us and the retailers: 1. Do we apply VAT? How do we transfer to retailers as we cannot invoice them? 2. Can we claim back the VAT as the initial retailers have paid VAT on products already? Thank you

Filing a labour complaint against a free zone company for non-payment of salary

Q: I am working in a Dubai based company (free zone) for 3 years now. I have not been paid my salary for past 7 months. My employer has lots of influence and is not afraid if I file a case on him. If I resign I`m afraid he wouldn`t pay me anything. I`m in desperate need of money. Please help.

Is consent of Muslim bride's father necessary for the marriage?

Q: Issue: The refusal of Arabic woman`s parents to meet a righteous Muslim foreigner for the proposal of their daughter`s hand in marriage.

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Refund of reservation amount paid for real estate property in Dubai

Q: I reserved a unit with Azizi and while paying my first instalment I was billed twice by them. They apologised for the mistake and agreed to reverse the amount within a week but they took more than a month and a half to return my money after repeated calls & follow up. I`ve paid the booking amount, the first instalment, Oqood fees and their administration fees. I have only signed a reservation form with them and no terms and conditions have been mentioned about cancellation which I guess should be there in the SPA and not in the reservation form. I would like to know if it is possible to cancel my purchase at this stage (I have not signed the SPA yet)? They have not registered my unit online on Oqood as yet so can I ask them not to do this as I wish to cancel? What amount will be refunded by them if I cancel? Can the DLD set a deadline with terms and conditions for them to return the required amount so that I get it as soon as possible? Your guidance will be highly appreciated.

Attestation of a fake degree for the purpose of employment in the UAE

Q: A person living in Sharjah took the fake degree to the foreign office of Pakistan in Sharjah for attestation. All the attestation in Pakistan were forged, however, the foreign office in Sharjah only object the UAE embassy stamp, and handed over the person to Police. Then he was presented to the court. Now the court orders that person to present the duplicate degree with the original stamp of UAE embassy. The problem is that the degree is fake, how can a duplicate be obtained and how the original attestation can be done? Passport of the person is confiscated by the court. Any advice how can he be free. The person is not educated and he only did this act to obtain a good job, although the act cannot be excused whatsoever the reason was.

Can a landlord evict a tenant for the delay in payment of rent?

Q: I am in the process of renewing my tenancy contract. It`s already been 10 days since my last contract expired. However, I have asked the landlord for a grace period of 3 weeks to hand over the rent cheques (3) for the year. The landlord is threatening to evict me... please advise what I should do. I am in a financial situation and can pay only after 3 weeks. My family and children are with me.

Role of business development staff in a consultancy company

Q: I would like to enquire the legal right of a Business Consultancy company when a Business Development Staff conducts introductions outside the office and without the knowledge of the office.

Shipping contract dispute: Importance of 'entire agreement clause'

Q: Hi, I have a contract with a moving company to ship my possessions from Abu Dhabi to Melbourne. The moving service is paid in full. There are storage charges of approx AED1200 pending and this is no issue for me to pay. I raised a query about reassembly of furniture at the destination, the contract contradicted verbal advice so before signing the contract I crossed out the parts saying that I do not receive reassembly of my furniture at the destination and highlighted this to the moving company - they did not dispute this. The company have now refused reassembly service so I suggested we remediate the issue by reducing the amount owed for storage fees, as I will need to hire a contractor at the destination to assemble the furniture. Now the moving company is holding my shipment until I pay the storage fees, AND are refusing to approve reassembly service. What are my options? Thank you

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Is son liable for bank debts of his father?

Q: My friend`s Dad has taken a lot of debt from Dubai banks and has gone missing from past 1 year. Due to this my friend and his family have moved away from Dubai and he plans to come to Dubai for vacation after 1 year. Is it possible for him to enter the UAE with a tourist/visit visa? His permanent visa is expired. Will there be any problem for him at the immigration or in Dubai? He wants assurance from some official too.

Can I accept a new job offer if I have pending labour case and expired visa?

Q: Dear Sir, Hope you will be in the state of good health and doing fine. My owner absconded in 2015 but my visa expired in June 2016. I filed a case before he absconded and Labor office transferred the case to court where the worthy orders of the court to do execution and pay my dues and that execution is still in process. Labor approved me to work as part-time. Now I have a new job offer from another company and want to cancel the visa that has already been expired for one and half year. Will I have fine or some other obstacles while cancelling my visa in order to join the new company? Regards

Liability of a bounced cheque issuer and recovery of the cheque amount

Q: I am a trader, my clients provide me PDC cheques (post dated). As per new law if my clients bounce the cheque & I make a case against them, they won`t be imprisoned, they would have to pay fine. What about my payment, how would I recover my bill payments? Will they still be liable to pay my dues? Also, will they be under a travel ban?

Early termination of a long-term commercial lease agreement

Q: In case of a long-term lease with a commercial tenant for eg 5 years and the tenant wants to break the contract say after 3 years. The termination clause in the agreement states that the tenant has to pay a minimum rent for 3 years + termination penalty equal to 6 months + 3 months notice period. The query is, at the time of termination, lease agreement ceases and the tenant is liable to pay the termination penalty + notice period immediately or as per the terms of the lease agreement? Assume the tenant wants a payment plan, can he lock up the premise and not hand over the keys till the minimum rent period (i.e 3 years) and whether late payment fees is applicable? (assume the lease agreement states late payment fees for non-payment), if applicable whether the calculation should be from termination date or the lease due dates? I believe the late payment fees should be from the termination date and not on lease due dates since the lease agreement is terminated by way of the notice.

I have an unpaid bank loan. How can I check if the bank raised a case against me?

Q: Hi , I left UAE during the financial crisis 2009 because I got laid back by my employer and I could not pay back my bank loan. The bank collection agents contacted me few times but I couldn`t reach an agreement with them as I am facing financial difficulties as a single parent for 2 kids currently not working. l want to go back to the UAE for a job offer. I need help finding out if the bank has raised a case against me and what is my current status and legal options to be able to work in the UAE.