Questions & Answers - Legal Advice Middle East

بيع شقة بدون تسجيل عقدها في الشهر العقاري

س: هل عقد القسمة الرضائية الذي تم بين الورثة وحصل على صحة توقيع ينقل الملكية بدون تسجيل في الشهر العقاري؟ هل يمكنني بيع شقتي الموجودة في العقد بشكل قانوني؟

Protecting the rights of a broker in terms of commission

Q: A commission agreement between broker and seller was drafted and signed by the two parties in Dubai. The agreement states that the seller shall pay the broker a certain amount of commission after the sale transaction is done. How can the broker guarantee his right 100% in case the seller doesn’t pay? Shall the broker register the agreement with the notary public or the Ministry of Economy? Please take note that the location is Dubai.

Settling an unpaid loan from outside the UAE

Q: I have an auto loan in Dubai, but I am no longer in Dubai. What is the best way to resolve it?

Termination of a tenancy contract before its due date by a tenant

Q: Hello, I`m the landlord of a flat in Dubai. I have rent out it to a tenant from 01/08/2019 to 31/07/2020. The tenant has paid all with 2 checks. On 05, February, he told me that he wants to early terminate the contract and leave the flat on 05, April. In our addendum, it is written that: 18. In the event of termination of contract prior to the mentioned date of expiry, the tenant will have to inform the landlord with a 60 days prior written notice and indemnify the landlord with an amount equivalent of 2-month rent. I understand that for sure he has to pay normal rent until 05, April and after that, he has to indemnify me with an amount like 2 months of penalty. He understands that he has not to pay a penalty. Only stay until 5, April and leave. What do you think about this? In my opinion, "indemnify" means that he has to pay a penalty for my loss (the flat is empty, etc).

Claiming deposit from a real estate agent due to mistrust

Q: Hi, We are quite new in this country; only a few months. We thought that it is a good opportunity to buy a property without seeking legal advice. Unfortunately, we have attempted to buy a property, but we have ended up having more problems. Currently, we have a dispute with the seller since we have asked our deposit back as the bank valuation came a lot less than the mutually agreed property value. We have also experienced some other issues that have broken our trust in the real estate agent so we simply want to call off and cancel our contract. In the contract, there is a section which sets a condition that if the valuation comes lower than a certain amount, this contract shall be cancelled and the deposit should be returned to us, but unfortunately, the amount is missing there. I was wondering if I still have a valid case to ask my deposit while there isn`t a defined amount, but the condition itself is there?

Penalty clause in service providing contract for delaying payments

Q: Can we add a special clause for charging some additional amount to the clients after the delivery of our product/service for delayed payment, which exceeds the time specifically mentioned in service contracts?

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Refusing to cancel the visa despite serving the notice period

Q: My employment contract has been terminated and I have served my 2 months` notice, but my employer will not cancel my visa. Is this illegal? If I leave the country, can my employer file a case against me for absconding?

The best strategy to settle a loan and remove defaulter's name from the blacklist

Q: Hello all respected lawyers, I left the UAE because of job loss in 2009 and, at that time, I had an unpaid loan of around AED 200,000 from a bank. It must have reached millions now after years of interest. I started my life afresh and after 10 years, I got little stability in life. Now I am in a position to pay around AED 100,000. With your experience, do you think that the bank will be able to accept this as a final settlement and clear my name from the blacklist? Your suggestion is highly appreciated and if you think this amount will be acceptable, then I would like to do it through a lawyer. Thanks in advance!

Claiming back down payment from a broker after securing a house loan

Q: Dear Dr Amira, I entered into an agreement with mortgage brokerage to help me procure a loan for a property in Dubai, further to which the firm asked me to pay upfront an amount of AED 470K. This included down payment and other misc. charges. The brokerage company has managed to procure the loan but now have used my down payment and does not have the funds to conclude the transfer. What are my legal options? Please advise

إجراءات إنشاء شركة تجارية

س: السلام عليكم، أرغب في إنشاء شركة تجارية؛ حيث أقوم باستيراد القطع الإلكترونية وغير الإلكترونية من الخارج ثم أعمل على تجميعها وتصنيعها في الأردن ثم أشحن المنتج النهائي للزبائن في الخارج بشكل أساسي وداخل الأردن. أتمنى الحصول على معلومات حول الإجراءات التي يجب اتباعها للمبادرة بالمشروع مثل إجراءات ومتطلبات تسجيل المشروع.

حق صاحب العمل حين لا يلتزم العامل بفترة الإنذار

س: أنا صاحب عمل ولدي عامل تقدَّم بالاستقالة ولم يلتزم بفترة الشهر الإنذار وداوم 14 يوم فقط من شهر الإنذار. عند تقديم شكوى ضد العامل، قال المستشار القانوي الذي اجتمعنا معه أنه لا توجد مشكلة ويرجع العامل لإكمال الشهر! هل يجوز ذلك بعد إخلاله بالعقد؟ وما الحق الذي ينص عليه القانون لصالحي؟

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الحاجة إلى وثائق مهمة لدى العودة إلى سوريا

س: ماذا يجب أن أفعل إذا كنت أرغب في العودة إلى سوريا، لكنني بحاجة إلى وثائق مهمة؟

Company's refusal to pay an employee's annual paid leave

Q: My friend has a contract which states that she gets 30 days` annual "paid leave" after every 12 months of a completed work year. With approved and signed leave, she went on leave, and on return, the company refused to pay her 30 days` salary whilst she was on leave. What can be done?

Following up on a case without being in the UAE

Q: I am a converted Muslim. I have an inheritance judgment from Dubai family court, on my estranged non-muslim son, since 2013 and the monthly inheritance is being transferred to a bank account in Dubai by the court directly since then. I am residing in India due to old age and poor health. Can I follow up on my case without a residence visa for an enhanced inheritance?

The required documents to collect funds from a deceased bank account

Q: Hello everyone, Good day to all of you! My father recently passed away (may he RIP) in Canada, I just found out he has a bank account in Dubai and would like to understand the procedure to collect the funds and close the account. We are Muslims as I understood that this might change the procedures (?). I am looking to hire a lawyer to help out with the above. I just need to know exactly what documents do I bring with me from Canada. I have the following already attested and certified by the Canadian Ministry of Foreign Affairs and the UAE Embassy in Canada: 1) A will issued in Canada. 2) Death certificate. 3) Power of Attorney from my siblings. Thanks!

Getting back to Dubai after leaving without proper visa cancellation

Q: Hi, I lived in Dubai for 17 years and met my British husband whilst being there and we married. 4 years later, he hit me and financially abused me so I fled to the UK with our 2 very young children. I was not working at that time but was on his visa as a spouse. My visa was not properly canceled and it expired18 months ago. I am not on good terms at all with my ex-husband. Am I safe to visit Dubai again? Or there will be a problem if I go there because of not canceling the visa officially and absconding with children? We have UK court orders for divorce and the children are court-ordered to live with me. Please advise!