Questions & Answers - Legal Advice Middle East

Seeking compensation or cancellation for delay in property delivery

Q: I`ve purchased an off-plan property in Dubai which was due for handover in Dec 2017 but still incomplete (approx. 80%). 70% has been paid from a purchase price of 1.8 million. Am I entitled to compensation for the delay or can I cancel the purchase in its entirety? Thanks

مطالبة شركة عقارية بتسجيل العقار أو استرداد المبالغ المدفوعة

س: أريد نصيحة قانونية والإجراء المتبع بخصوص شراء شقة من شركة عقارية (ش) ولم تسجل في دائرة الأراضي. تم بيع المشروع كله لشركة أخرى (ز) وطلبت تسجيل عقاري فقالوا هذه الشركة باعت شققاً كثيرة لعدة مشترين والأمر الآن مر عليه أكثر من سنتين. ذهبت لدائرة الأراضي ولا شيء جديد. مللنا الانتظار ونحن نرى أموالنا تذهب هباءً. ماهو الإجراء الممكن اتباعه في هذه الحالات؟

Early termination of tenancy contract and bounced cheque

Q: Hello. I have left the UAE and had handed over all keys and all cancelled DEWA connections documents to my villa owner. I had to leave the UAE and walk out of the tenancy contract in the middle and the owner was fine with it. He was supposed to send my deposit through a bank transfer. Suddenly, I get a message from my bank saying that a cheque had bounced. It was one of the cheques I had given to the house owner which he was supposed to return. Now he says the contract says I have to pay him 2 months` penalty for leaving the house before the end of the contract so he deposited my cheque and it bounced. Then he filed a police case for the bounced cheque. Is he allowed to do so? I handed him the house keys myself and he mentioned nothing about this, but now he says I need to pay him. What are my options?

Non-Disclosure and confidentiality clauses in employment contracts

Q: Ma`am, My company made me sign a non-disclosure agreement. If I resign from that job, can any case be filed against me?

Negotiating with the employee after a labour judgement

Q: Hello, How are you? I won my labour case on the date of 8 Jan. In the judgment, the company should give me AED 10,000. Today my boss called me and told me to take AED 3000 and cancel my employment visa. Otherwise, he will appeal to the court and reopen the case and take more than 1 year. So, I have a problem and better take the money, whatever he gives me. Can you tell me what do I do? My case was termination before finishing the contract.

Immigration of foreigners to the Middle East countries

Q: What is required for foreigners to immigrate to the Middle East countries?

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الإجراءات اللازمة والقانون المطبق لتوزيع تركة في الإمارات

س: السلام عليكم توفي وافد غير مسلم في بلده الأم ولديه أملاك في الإمارات. هل يتم توزيع الإرث الموجود في الإمارات وفقاً لقانون بلده حيث يستحصل الورثة على حكم من المحكمة في بلدهم الأم ويطلبون تنفيذه في الإمارات؟ أم يجب استصدار حكم آخر في الإمارات فيما يتعلق بالأملاك الموجودة في الإمارات؟ شكراً

Privity of contract in renting through brokerage agencies

Q: I have rented a hotel apartment from an agency who has a contract with a hotel apartment in the UAE. I hold an annual contract with the agency and I have paid the annual rent in advance. The hotel apartment has issued a check-in form by confirming my stay with this particular hotel apartment for 1 year. The hotel apartment also gave me a letter (family visa purpose) stating that I am one of their guests who is going to stay for 1 year. Now, there is some dispute with the agency and the hotel apartment and the agency are not reachable at all, and the hotel apartment tries to evacuate me. 1) Will the hotel apartment be able to evacuate me by law? 2) The agency still holds one cheque from me, can I stop it?

منع مدير الشركة من توقيع شيكات باسم الشركة

س: أنا شريك في شركة مقاولات للبناء (فيلا). المدير في الشركة ذات المسؤولية المحدودة كتب شيك وهرب خارج البلاد وأنا شريك 51 ‎%‎. ما هو الإجراء المناسب لمنع حدوث هذا، هل يكتب في الوكالة - عدم كتابة شيكات أو التوقيع و يمنع أخذ قروض بإسم الشركة؟

Sick, old and pregnant to avoid jail for the UAE debt defaults

Q: What is the law number that says a 70-year old cannot be arrested for a civil judgement?

Termination of a commercial sublease agreement

Q: Hello, I rented a shop on a sublease agreement from a tenant (who is not the original owner of the shop). We wrote a sublease agreement at the nearest typing centre with certain terms and conditions which both parties signed. The license of the shop is also on his name which I am just the user of his license according to the agreement. I have also provided a Bearer Cheque in advance for a few months. Now for a month, I am operating the shop. I see there is no business at all in the shop. All the rent of the shop I am bearing from my pocket, and I see there is no future in any way in this particular shop. So on the 4th of January, I notified him that I don`t want to continue renting his shop. I will use the shop for a month since I notified him. He does not agree on this point by any means, but the problem is I don`t have any money left in my pocket for the future rent if I keep the shop. Please guide me with the legal solution in this regard.

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Termination without notice and holding visa cancellation

Q: I was terminated from my job without any notice from my employer, and they are still holding my visa cancellation.

Bounced cheque case for defaulting on loan payments

Q: Hi. I have a case filed against me by the bank last month end for failing to pay 2 EMIs. I have been unemployed since April 2017 and have managed to pay my EMIs from the settlement I received from my previous company and some other EMIs by borrowing money from friends and families. I have not been able to find suitable employment during this time and I have AED 52,000 to pay the bank (the original amount being AED 254,000). The cheque bounced by the bank is for an amount of AED 77,100.00. My overdue EMI is AED 9,800, while my outstanding is AED 52,000. The 4-year loan will finish tenure by July 2019. Before the case was registered by the bank, I had emailed them (also spoke with their rep) to give me a loan deferment, however, they chose not to respond. Please advise on the next possible actions. I still have not received any calls from any legal authorities. Will I have to face jail term or deportation?

إلغاء قرار إبعاد صادر استناداً لحكم جزائي

س: السلام عليكم ورحمة الله وبركاته أنا عراقي كنت مقيم بالإمارات. تم اتهامي بمحكمة العين بقضية خيانة أمانة وتم سجني سنة وإبعادي من دولة الإمارات سنة ٢٠٠١. واليوم للضرورة القصوى أصبحت معظم شركات العالم في دبي وأحتاج إلى رفع المنع للاتصال بالشركات هناك. في سنه ٢٠١١ حصلت على فيزا من شركة طيران دبي، وعند وصولي لمطار دبي أخبروني أنه لدي منع من دخول الإمارات وسألوني كيف اأصدرت لشركة والجوازات فيزا لدخول الامارات وأنا اسمي مسجل في المطار بالمنع. كيف أرفع المنع وكم المدة وكم الأجور كاملة؟

Cheque case for claiming a pending payment from the customer

Q: Hi! I have a customer and his cheque was recently bounced. He intentionally issued a closed account cheque and we realised when the bank letter informed us. It`s now 5 months and he is neither paying nor answering the calls, and I cannot travel every day to Abu Dhabi to chase him. Can you guide me? What is the best way to get the payment back? Thanks

Cancellation of employment visa and extension of grace period

Q: Hi, I have a labour case in Dubai Courts. The court has not issued a judgment yet and postponed the next hearing (date: 14 February 2019) which is beyond my visa expiry date (07 February 2019). The company owner has not attended the first 3 hearings, Now, he is away from the country and his trade license has not been renewed for the second term. I am unable to work somewhere else because my labour card is not cancelled. I am having a hard time now because of these issues and the court proceedings are in the 3rd month. My family visa (2 members) expires in August 2019. Do I need to cancel their visas before my visa expiry date or get special permission to retain their visas until expiry dates since I am having a pending labour case and applied to the court for a temporary stay order? Please, help me. How can I cancel my visa and labour contract so that I am able to join another company and start earning a living? Thank you