Questions & Answers - Legal Advice Middle East

The right action for delay in a purchased property handover

Q: I purchased property in Dubai and still, they haven’t delivered and keep saying it’s not complete yet I see advertisements for same property saying ready for handover. What shall I do?

Compensation for terminating a limited contract by the employee

Q: Sir/Madam, I have worked for more than 6 years in JAFZA and now I want to resign from this company. As per JAFZA, when we resign from the company the employee would have to pay 45 days salary to the employer. I have a 30 days notice period with my employer. Thank you and looking forward to your valuable advice in this regard.

Formalities for closing a company and cancellation of license

Q: We formed a company in Umm Al Quwain Free Zone in 2018 and the license expired in August. One of the investors in on the company visa (his visa is valid). We want advice on the following: 1. We want to close the current company. 2. Are all the partners/shareholders required to personally visit to complete the closure formalities? 3. Since its formation, the company has not conducted any activities. What will be its liabilities? 4. What`s the process for cancellation?

Refusing to make a settlement for credit card due to outstanding loan

Q: Hello. I have a credit card in a bank, at first they are asking me to show proof on why I wasn`t able to pay my dues, so from my end, I submitted all papers. Now, they asked me to pay the minimum, and when I asked when they will send me a settlement offer, they are telling me they cannot provide because I have a personal loan. For this personal loan, they filed a case against me 5 months ago and I went to prosecution and paid the fees. So, the settlement offer for my credit card is not possible because of my loan also. But before, they have asked me for proof to show and now they are refusing me. Is this correct or it depends on the bank`s discretion?

Getting clearance from the bank after settling a credit card

Q: Dear Madam, Good Afternoon, I have a bounced cheque police case registered in Khalifa police station, Abu Dhabi. This month, 1st week, I settled the matter with the bank & they agreed to release my case for my new visa process. This was a credit card case & bounced cheque with an amount of AED 16000. The bank lawyer submitted an online application for the case release almost 10 days ago, but it`s still not approved. For me, the issue is that my new company HR holds my visa submitting & if this is delayed more, my hiring will be cancelled & it will be a big loss for me because I was jobless since the last 2 years. I can`t do anything because I`m currently in my home country Pakistan. Please help me to find a way to solve this issue. Looking forward to your kind feedback. My Best Regards, N. A.

Cancellation of a villa sale contract for delay in handover

Q: I purchased a villa in 2014 based on 35% during delivery and 65% after handover. I paid all the 35% on time. The anticipated completion date was 31 Jan 2017, until now the project is not completed. As per the SPA, “if the Purchaser has fulfilled all its obligations in terms of this agreement including, but not limited to, payment of the Purchase Price in full to the Seller, and the Seller is unable to give possession of the property with 12 months of the Anticipated Completion Date, as it may be extended pursuant to the provisions of this agreement, the Purchaser may on the giving of 30 days’ prior written notice to the Seller, terminate this Agreement. Upon termination, the Seller shall refund all amounts paid by the Purchaser to the Seller on account of the Purchase Price. Upon termination of this Agreement, it shall become null and void and the Purchaser shall have no further claim against the Seller for any damages, compensation, cost of interest."

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Repercussions of resignation after completion of one year of service

Q: Hi I`m S. May I ask a question. What if I resign to my company after 1 year? Should I pay? My visa is DIFC free zone.

منع السفر في شكوى الشيك

س: السلام عليكم، إذا تكرمت، لقد فتحت قضية شيك، فهل يستطيع المشكو في حقه أن يسافر أم يجب أن أفرض منع من السفر؟

Termination of an employee while on annual leave

Q: Hello, Can I terminate an employee while he`s on leave so that his notice period begins already? Thank you! Best regards E.

Procedures to exit partnership in Dubai companies and get your share

Q: I wish to part ways with my business partner in a free company in Dubai. The business is profitable. There is no breach of law. We just do work together and I want to offer my partner an exit from the LLC. I am the appointed business director. I manage the business personally. On grounds of incompetence and personal differences, I wish to offer her a sum and get the partnership solved. What are my options and how does one evaluate the share to be dissolved fairly. Like is there a formula such as a multiple of net profits to be offered? Thank you!

Filing a case against the employer for holding the passport after cancellation

Q: My employer is refusing to give me passport back after visa cancellation. Which is the best to get it back, should I file a complaint in MOHRE or should I get it through court order? Which is the quickest and most effective option? Thanks

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قرار منع السفر لا يرفع عن المدين إلا بالوفاء بالدين أو الكفالة

س: اليوم سلمت قرار قطعي في قضية معينة من أجل رفع منع السفر. سؤالي هو: بعد كم يوم سيرفع المنع عني فعليًا؟ وبعد كم يوم أستطيع أن أحصل على تأشيرة لكي أسافر؟

Checking a travel ban due to outstanding loan before entering the UAE

Q: My friend has left the UAE in 2018 without closing his personal loan (28000 balance). He got an interview chance there and would like to go back. He is ready to repay the amount once he gets the job. Is there any ban on him? He needs to close one credit card payment also which is pending. Please help

Clearing bank cases and obtaining police clearance certificate

Q: Hi I had some cases from the banks due to a bounced cheque and I fled the UAE. After a few years, I have now cleared all liability with all banks and they have provided the clearances and NOCs. I need help in ensuring my cases are cleared and to obtain the respective police clearance certificate on an urgent basis. Request for an appropriate lawyer to kindly comment and also quote their fee for this. Thank you

Filing a case against a customer for holding payment for services

Q: I have a Bahrain based company and we have provided our services to a UAE based company for their project in Bahrain. They went away with no payments done to our services. All the documents are with us. How can I move legally to recover the payment?

دعوى فسخ العقد بسبب شرط فاسد

س: السلام عليكم ورحمة الله وبركاته، عينت مستشار هجرة لكندا من الأردن بتاريخ ٢٤/٦/٢٠١٤، وكان أحد الشروط أن أحصل على ٧/٩ في امتحان اللغة الإنجليزية. كان هناك مرفق للعقد عبارة عن كمبيالة بقيمة ٤٠٠٠ دولار تحدد العلامة المطلوبة في كل جزء من أجزاء امتحان اللغة الإنجليزية، وأن أدفع هذا المبلغ إذا لم أحصل على العلامة المطلوبة في كل جزء. وقعت على الكمبيالة فارغة، وقال المحامي إنه سوف يملأها بنفسه بعد أن يتأكد من العلامات المطلوبة، حصلت على ٧/٩ في امتحان اللغة وأخبرت المستشار بذلك عبر الهاتف بتاريخ ١٥/١٠/٢٠١٤ ورد علي بأن علاماتي بأجزاء الامتحان تقل عن المطلوب وإنه سوف ينزل إعلان لي في الصحف الكندية ليجد لي فرصة عمل في كندا لتدعم ملفي عند دائرة الهجرة الكندية. لم يتواصل معي بعد ذلك، اتصل بي محامي المستشار قبل حوالي أسبوعين بتاريخ ٢٢/٧/٢٠١٩ وقال لي إنه يجب أن أدرس وأحصل على العلامات المطلوبة وهي ٧ في القراءة و٧ في الكتابة و٧ في المحادثة و ٨ في الاستماع، وإذا لم احصل عليها فيجب أن ادفع ٤٠٠٠ دولار حسب العقد والكمبيالة والا سوف يقدم الكمبيالة للمحكمة ويسجنني. برجاء إبداء النصيحة وفقكم الله.