Questions & Answers - Legal Advice Middle East

How can I termination an SPA and claim refund from the developer for handover delay?

Q: Hi, I purchased an off-plan apartment in Dubai in 2017 from one of the projects in Dubai. I was told that the handover is going to be in Q2 of 2019, until now, the apartment has not been handed over. During the delay, the developer has never communicated pertaining to the delay. I have already paid 50% of the total value plus the DLD fees. As per Dubai [----], the project progress stands at 67%. Now, I need guidance and advice from a legal point of view. What are my chances to recover my money from the developer? If I go through a lawyer, is it possible to recover all the money I have paid? Is there anything I can do to recover my money? Thank you

A partner in an LLC company died. How to remove the name?

Q: Hi, I have an LLC company in DWC. We are three partners. A partner died. She was a Pakistani national. I need help in getting her name taken out of the company.

هل يجوز تصرف الورثة بقطعة أرض وبيعها دون إذن من وارث قاصر؟

س: أنا قاصر وكان لدى والدي قطعة أرض ذُكرت في محضر جرد التركة، ومنذ بضع أشهر، قام إخوتي ببيع قطعة الأرض. هل يجوز بيعها بدون وصولي للسن ٢١؟ وماذا يحدث لنصيبي من المال؟ هل يدخل ضمن المجلس الحسبي مع العلم برفض أخي لذلك؟ وهل يُسمح لي برفض تصرف أخي بنصيبي من المال بشراء قطعة أرض أخرى؟ و\هل يُسمح لي كقاصر بإيداع نصيبي في حساب بنك؟

The car is taken by the bank after paying the whole amount. What to do?

Q: Dear sir/madam, The car was taken by the bank, then sold on auction after I paid for everything. What do I do to get my car back?

What is the best way of recovering money from crypto trading account?

Q: I had recently befriended on social media a person from Hong Kong who told me is on a visit to Dubai to help her uncle who is a veteran in crypto & crypto futures trading! During our communication, she told me her uncle & his friends have developed a strategy where they can predict the movement of prices at certain times which she regularly used to show her profits made! She encouraged me to open a Binance Ac & a Trading Ac in https://www.metatraders6.site/wap/#/ (This site had an HTTPS & secure site certified by Cloudflare Inc) thus started trading 1st with smaller & then larger amounts! I recently got doubt & tried to withdraw $3K money USDT (I have $ 15K USDT & visible in site) BUT couldn`t. Now they are asking to deposit AED 23K for opening membership! I`m now sure it`s fraud BUT don`t know how to withdraw. I also don`t know where the website is located (CloudFlare can give the details as it`s a secure site BUT need to approach legally). Any help?

Can the employer terminate the employee without notice and pay compensation?

Q: Dear Sir/ Ma`am, Greetings! I have a case where we have terminated an employee at 360 days, on an immediate basis. We have not allowed him to serve a 30 day notice period, however, we have compensated the 30 days through an additional salary. Please advise if we need to compensate the employee inclusive of the 30 days (notice period) in his leave salary and gratuity. Or do we take the termination date as the basis of calculation for leave salary and gratuity? Kindly advise.

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Can the landlord refuse to renew the tenancy contract shortly before expiry?

Q: Hello, Our landlord is trying to evict us from an apartment in Dubai because of a clause in our tenancy contract stating literally: "This contract is non-renewable and valid only for one year." This contract was signed on the 17th of February 2021 and our rent started on the 7th of February. Actually, the landlord refused to renew the contract on the first renewal because he is selling. He never sent any notice and just sent us an email one month and a few days before the end of our first year and asked us to leave. We refused to evict and tried to get him to sign an extension for a few months or one more year which he refused and ignored. We filed an offer and deposit case and asked him if he accepts it or not. Only then, he accepted to sign the contract but added many clauses. We signed because we needed the Ejari to unblock our access cards and we had visa renewals. We are going to have an eviction case and I would like to know if we can challenge that clause and how you can help.

How to protect a person who broke up with fiance from any future claims?

Q: Hi, I`m writing for my brother who got married on December 24, 2021, and has been living with his wife till last week. This marriage was not legally registered neither in the UAE nor in India, however, we conducted an official wedding function with around 150 guests here in the UAE. We thought the wedding will be registered within a week of marriage but due to the bride`s unacceptable reasons she delayed it or we would say wasn`t intending to do it. Now, they have decided to split their ways as we found out that this girl has so many problems & issues which we both families tried sorting out by talking to them. We found that she is an alcoholic and she said she can`t balance social life and family life so she wants to drop this relationship. My brother, however, is heartbroken and is getting into depression as both our families were not expecting this. Is there any way we could document this to avoid the girl creating any problems to my brother or to both our families in the future? Please advise.

How to get refund when the project is affected by a force majeure event?

Q: Dear all, In March of 2018, I entered into a contract to purchase a studio property from a developer. The handover was meant to be in April 2020. In August of 2019, they sent a notification that a fire had broken out at the site resulting in a Force Majeure. In October of 2019, they sent a letter stating that they were in the final stages of getting approval from DDA to resume building. Now we are in 2022 and still, nothing has happened. They have advised that they are waiting for a court order to restart the work. They stopped banking my installment cheques in September 2020 but by that point, I had already paid around 50%. I have tried everything to negotiate with them; I asked them to transfer me to another project knowing I will lose the DLD fees, refund me less their charges but nothing. I would be most grateful if someone could help me to understand my options as I need the money back somehow if possible even with some loss. Thanks!

Checking if a visit visa is still valid

Q: Dear questioner, I came to Dubai with a three-month visa but I was accused of bringing drugs into Dubai so I was detained for five months. My judgment from the court says that I am (innocent). I want to know if my visa is still valid.

هل يتم اعتقال شخص خارج البلاد متهم بتبديد منقولات عند عودته؟

س: السلام عليكم عليََ حكم غيابي شهرين لتبديد منقولات من 2018 وأنا حالياً خارج البلاد. هل يتطبق علي الحبس عند العودة؟

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الإجراءات اللازمة لرفع الوصاية واستلام الإرث

س: السلام عليكم، المجلس الحسبي عيّن عمي وصيًا على أرضي. بلغت السن القانوني وأرغب في بيع الأرض وليس معي مستندات. كيف أستخرج المستندات ومن أين؟ وماذا أفعل؟ مع العلم أني استلمت أموالي من محكمة الأسرة ورفعت الوصايا ولكن لا أعرف الإجراءات الخاصة بالأرض. شكرًا لكم!

Getting a full refund of all amounts paid to a developer due to a breach of contract

Q: Dear sir/madam, In January 2017, I purchased a property from a developer. The original booking was for a unit in (.......). After initial payments, I was informed that the unit was double-sold (under dispute) and the previous owner was not willing to sign a release NoC. A swap unit was offered in (.......) - due to be delivered in a few months. Due to construction issues, even 2 years later was not ready for delivery. After escalation, a unit in (.......) was offered as a second swap. All payments were completed on time for each of the units. Almost 3 years of following up passed now since making the final payments in April/May of 2019. I was not informed that the unit is under group mortgage and Title Deed can not be issued until the mortgage is cleared. Always promises that the unit is on priority for clearance. What is the possibility of getting a full refund of all amounts paid under "breach of contract" or any other applicable grounds? I would also like to know a cost estimate for any legal proceedings.

How to submit slander audio evidence in the Malayalam language?

Q: How to submit slander audio evidence in the Malayalam language? To the police or in court?

Is it legal that my employer terminates me after resigning?

Q: Is it legal that my employer terminates me after resigning? While I have a signed copy of my resignation from HR and my direct manager dated almost 20 days prior to the termination letter disclosing that I breached the contract according to Article 120.

مطالبة شركة التوظيف المتعاقدة مع جهة حكومية بالمستحقات العمالية لدى الفصل التعسفي

س: السلام عليكم، أعمل بإحدى الجهات الحكومية بعقد تعهيد مع شركة توظيف؛ إذ إقامتنا وجميع حقوقنا مع تلك الشركة. استغنت هذه الجهة عن عدد من الموظفين دون أسباب واتخذت شركة التوظيف الإجراءات لإنهاء العقد وفترة شهر الإنذار. هل يحق لنا المطالبة بتعويض الفصل التعسفي من شركة التوظيف؟ علمًا أن العقد يذكر أنه يتم إنهاء العقد في حالة طلب العميل (الجهة الحكومي). في هذه الحالة تكون المطالبة بكم شهر؟ وهل نطالب الشركة مباشرة أم عن طريق دعوى قضائية؟