Questions & Answers - Legal Advice Middle East

Faulty used car purchase and uncooperative seller. What to do?

Q: Dear Sir/Madam, I bought a car from a seller 10 days ago. They texted me on WhatsApp saying that the car was in good condition and didn`t require any work. They only mentioned a minor accident. However, I cannot drive the car now because the number plate was canceled during the vehicle transfer process. When I asked about the vehicle`s slow acceleration, they told me these cars are usually like that. Ten days after the name transfer, I noticed a coolant leak and went to a repair shop. The repair shop informed me of a mix-up between the coolant and the transmission oil. They advised me to take the car to a service center. However, when I went there, they informed me that they had given a quotation of 47,000 AED in December for the same issue but it was not attended to. Due to this issue, I have held the cheque from the bank to the seller and asked them to take the car back. However, they are not taking responsibility and are asking me to release the amount from the bank and get the repairs done from outside.

How to get the property handed over after long delay and bankruptcy of the developer?

Q: The developer failed to deliver the unit as per the SPA and is currently in bankruptcy proceedings. The completion is delayed for many years but the unit should be handed over shortly by the Trustee. Could you please guide us on a strategy for the investors to get compensation for the delay? We appreciate your assistance.

هل هناك تبعات على إجراء عقد عمل صوري مع شركة قائمة بدون استلام راتب؟

س: السلام عليكم ورحمة الله وبركاته، السادة الأعزاء المحترمين، في القانون الإماراتي وعلى الأراضي الإماراتية ما حكم العقد الصوري في هذه الحالة: مقيم عاطل عن العمل أعزب يبرم عقد صوري بمسمى وظيفي مزيف وراتب مرتفع جداً لكي يتمكن من كفالة أهله من الدرجة الأولى والثانية؟ هل يمكن غض الطرف عن هذه الفعلة؟ أم هل ستتم محاسبة هذا الشخص بسبب انتقاله المفاجئ من البطالة إلى الراتب المرتفع؟ وما النتائج المترتبة على اكتشاف العقد الصوري؟ هل سيتم إلغاء كفالة الأهل؟ هل سيتم تغريمهم؟ ترحيلهم؟ وماذا عن الشخص نفسه هل يمكن زجه في السجن؟ لا قدر الله أرجو الحصول على إجابة واضحة وشافية وشكراً لكم جزيل الشكر.

The right time to resign for joining another job after receiving a job offer

Q: Dear Sir/Madam, I work for a huge MNC in India and have received a job offer from a Dubai-based company. I need to know at what point in the process I should resign from my current company in India. Should I resign after receiving the offer letter, after signing the contract, or after procuring the work permit? Please advise!

إجراءات زواج مواطن خليجي من أجنبية في الإمارات

س: السلام عليكم، أنا مواطن خليجي وأرغب في الزواج من أجنبية في دبي. ما الإجراءات والمستندات؟ علمًا بأن موقع البوابة الرسمية لدولة الإمارات يوضح أنه يجب فقط على السعودي أو البحريني تقديم خطاب عدم ممانعة للزواج من قبل سفاراتهم. شكرًا!

فسخ عقد الإيجار بسبب التسريح من العمل

س: السلام عليكم، أعمل في شركة بدبي وتم تسريح جميع المؤظفين. أنا مستأجر شقة في دبي، ولكن فقدت وظيفتي ولا يمكنني تحمُّل الإيجار. هل يمكنني فسخ العقد بدون دفع الغرامة المالية؟

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How can I appeal a decision of rejecting my employment visa in the security clearance?

Q: Hi I am from the UK with no criminal record. I applied for a job with a company and got accepted. I passed everything and then failed my CID security clearance. Unfortunately, the company has withdrawn the offer. I have no criminal background. Could someone help me appeal this decision?

How can you lift an absconding to get a new visa if the ex-employer refuses?

Q: Hello, My partner left his job in December as they were refusing to pay him his salary and refusing to pay his overstay fines although they told him they were doing so when completing the visa process. As a result, he could no longer afford to go to work while not being paid. Both he and the employer opened a case with the labor. We traveled home for Christmas and while there received a message from labor that complaints on both sides were dropped. We returned to the UAE in January and he started a new job. The new employer applied for a visa but it was denied as the previous employer reported absconding. Just wondering how to get the absconding lifted. We were also due to go on vacation during spring break, so will we be able to travel or not? Thank you

What happens if I miss my hearing in a labor case against my employer?

Q: Salam, I received an email at 8.25 am stating that my first hearing is at 9 am, but I read this email at 10 am. Is there any issue as I`ve filed a case against my employer for salary? Also, I want to ask when I can apply for the NOC. My 2nd hearing is on 30th march. And what will the procedure be for this? Thanks

Can I cancel my visa and get a new visa if I have an active civil case against me?

Q: Hello, Ramadan Kareem! Please advise if it`s possible to cancel the visa and get a new visa in Dubai with another employer while having a civil case for cheque execution. The case status is reserved. Kindly explain as I am really stuck with family. Thanks

Fake products from Dubai seller: Can reporting them lead to legal trouble?

Q: Dear Sir/Madam, In December, I purchased an item from a website based in Dubai that claimed to sell authentic products. However, upon receiving the item, I noticed that the packaging was strange and the material felt stiff. Upon investigation, I discovered that the item was actually fake. I contacted the website, but they refused to provide a refund and that I can report them to the authorities if I wished to do so. Later on, I decided to purchase two more items from the same brand, but this time through the official website. I sent them pictures and additional comparisons to the first website, seeking clarification and a refund. However, they ignored my queries and insisted that their products were authentic. They even warned me against reporting them to the consumer department, claiming that I could potentially lose a lot of money due to damaging their e-commerce website`s reputation. I am wondering if I could face legal action or intimidation if I report that the item is fraudulent. It`s worth noting that I possess an email from the official brand confirming that the item in question is not authentic.

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Can a company sue a bank issued a credit card with forged salary certificate?

Q: Dear Sir/Madam, The bank processed a credit card under my ID without verifying my salary certificate from my employer. Some of their employees forged the certificate, promising me a loan. They listed my salary as 18,500 AED per month, and the bank issued the credit card without confirming with my employer. Can my company sue the bank for not verifying the salary certificate before issuing the credit card in my name? My company never issued or stamped my salary certificate, and I didn`t give it to the bank; it is 100% forged.

Unexpected high bill due to unauthorized SIM plan usage. What to do?

Q: Dear Sir/Madam, I need your help regarding my SIM Plan. When I signed up for the plan, I specifically requested to use my own number since it`s with the same network. The agent agreed, and I provided my ID and signed the documents. He informed me that I had to activate it before I could use it. However, when I attempted to activate it, it did not proceed, and I assumed that I didn`t have a plan. I did not contact the agent because I thought that since it was not activated, I would not be charged for anything. After a few months had passed, I began to receive bills, and someone was paying for the plan. I then inquired as to why I had a plan when it wasn`t activated. That`s when I discovered that another person was using the plan under my name, and I had to pay to cancel it. I don`t know who that person is, but the agent informed me that I had to pay for it because it was under my name. The amount reached over a thousand because the person did not pay. Could you please assist me with this situation? I am really confused and don`t know what to do.

Can the employer file a case of absconding after visa cancellation?

Q: Can the employer file a case of absconding after visa cancellation?

إعفاء الأب من نفقات الصغير إذا تعهدت الأم بتحملها وحدها

Q: السلام عليكم، هل يمكن لأب أن يُعفَى من نفقات الصغير إذا ثبت لمحاكم دبي أن الصغير يحمل جنسية توفر له تعليم مجاني وعلاج مجاني وراتب شهري من الحكومة حتى سن العمل؟

I applied for execution. How long will it take to give me my settlement?

Q: I applied for execution almost one and a half months ago. How long will it take to give me my settlement?