Questions & Answers - Legal Advice Middle East

Effect of debts in a GCC country on travel ban in the UAE

Q: I have a personal loan debt in Saudi Arabia. I am looking now to get a job in Dubai. Will I be allowed to work in Dubai, as the money I will make will allow me then to pay back the debt in Saudi in full probably by the end of next year? Please let me know if a travel ban in Saudi is applicable to other GCC countries like Dubai. I really need some advice as I have been struggling to get a job and had to leave Saudi as I was gonna have my contract not renewed and had to process my divorce as well. Thanks

Action against the developer of an off-plan project in Dubai

Q: I have booked a villa in April 2017 and paid AED 131,000/-. Still waiting for possession and the villa is not ready. The builder is asking for more AED 122000/- and I cannot trust them anymore. Please advise.

Breaking a tenancy contract by the landlord for non-registration with Ejari

Q: Hello, I have rented my warehouse in Al Qouz (Dubai) for 2 months ago, and my tenant still didn`t do Ejari register and so many registers that are the responsibility of the tenant. I have reminded them so many times and I don`t want to get a fine from the government. The reason I have sent you a message is that I really want to know if there`s any chance that I can terminate my client contract. I have some client who is willing to take the place and pay me a better price. Can anyone advise me about this matter? Best regards,

Claiming passport and cancellation of partner visa from the sponsor

Q: How to cancel a partner/investor visa knowing that the sponsor will never agree to cancel my visa, and the sponsor is ready to accuse me of stealing money in case I decided to leave the company? I am a student and I never worked in the company. I was only added to the company to get a visa while I study. I am 22 years old. The reason why I want to leave is that my passport was stolen by the manager/owner of the company and I have been trying to get my passport through the court but no use! I want to cancel it and get a new passport and leave the country.

Unlawful access to a company's IP by hiring its employees

Q: We want legal advice to take legal action against an Abu Dhabi based company. We are a USA based C-type Corporation, registered since 2004 in the USA, and paying taxes and contributing to the growth of the country. On 14/05/2010, we entered into a channel partner agreement with a medical supplies company in Abu Dhabi. The medical supplies company didn’t stop at this point and it gained access to our company intellectual property through gainfully employing our employees. The medical supplies company made several payment defaults and started controlling over the gain of the business that we are deriving from customers based in UAE. We were cheated by the Chairman & Director of the medical supplies company on payment defaults and control over the business gain for AED 3.31 million in Abu Dhabi, UAE.

Recovery of money paid for a car without a written agreement

Q: Dear Sir, I have bought a car recently from one Egyptian through a bank loan from ADCB. The car value to apply for the loan was 24k, whereas we agreed mutually for the final car price as 21k only. The seller promissed me to return the balance amount (3k) upon receipt of the payment from the bank. Now, the seller has received the money but refused to pay me back. Hence, I want to take your advice if I can file a case against the seller or not. Looking forward to receive your reply soon. Regards, Najmuddin

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Fine payment and liability to pay the cheque amount

Q: After the paying cheque bounce penalty, will the personal loan be closed?

Bank loans and penalty decided in the criminal case

Q: I took a loan of around AED 350,000 in Sept or Oct 2016 (24 out of 48 instalments have been paid and the outstanding amount is AED 248,585). Last year in Aug 2017, I was made redundant from my job. The gratuity which was transferred to the bank was not released to me. That amount took care of my instalments till Sept. 2018. The recovery person called me for the Oct. instalment but I told him I do not have a job or money to pay him. I read in the news that since last year jail term has been abolished for expatriates. I need to know if the bank files a case against me how much do I need to pay as a fine and what is the worst the bank can do about it. I had a previous loan with the same bank and then I topped it up. Can you tell me the fines for both Dubai & Abu Dhabi as I am not sure which region they will file the case? The bank is Dubai based but I got the loan in Abu Dhabi.

Sub-letting premises and non payment to landlord

Q: I was living in a sharing accommodation not having any link with the main owner. There is a 3rd person who took from the main owner and rent to 4-5 people. We were paying that person timely. But maybe he did not pay to the main owner, and suddenly main owner representative came and give all 4-5 people notice to pay 8 months` due rent, which we already paid to that agent in cash. We told him we don`t know you and neither we have any agreement better to catch that 3rd person whom you have an agreement with. One day, the owner came to the flat and took out Emirates ID copy. Anyhow, we vacated the room already and now he is calling on the phone and asking us to pay electricity bills. We told him we already paid to the 3rd person. He said he will take legal action. Kindly advise what can happen. We paid all the rent which is including everything. We are salaried persons and we are afraid.

Criminal liability and civil liability in cheque bounce cases

Q: I have recently filed a criminal case against a customer for AED 1,300,000. I have found out that he has given an application to the court to get a fine on this bounced cheque amount. Is it possible to be fined at this amount? How can I proceed further to place a travel ban on him and ensure that he does not get fined? It has been 5 years since this liability is due. Please help me on what I should do next.

Default on loan and the possibility of paying a fine instead of jail

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Claim for damages due to the misuse of a guarantee cheque

Q: I would like to file a case and claim damages for mental agony. In 2002, I had given a blank undated and unnamed cheque against a signed document for a commercial transaction. The transaction was completed and the cheque was not returned. In 2005, the said cheque was presented and it bounced. The cheque was handed over to a 3rd person (my ex-employer). This 3rd person handed over the cheque to a 4th person whom I do not even know. The 4th person deposited the cheque and got it bounced and filed a police complaint. This 4th person has apologised for his action. I forgive him but want strict action against the individual/company to whom I had given the cheque. The details were filled in as "Cash" on a cheque and only the signature on cheque was mine. Our family was on vacation in India with me in 2005, were forced to stay back in India, till date. The whole family and professional life destroyed. In 2016, thru friend in DXB, I got the complaint cancelled from Public Prosecution Office.

Resignation during probation and possibility of a labour ban

Q: I`m on a limited contract. I would like to resign from my current job and I have not completed my probation period; I have completed only 3 months. I would like to take up a better offer in another country. Am I liable to pay anything to my employer? Do I need to get a consent signature from my employer to get the visa cancelled? My visa is in Dubai, UAE, a limited contract visa. Regards, Karthik

Claiming refund from a cancelled real estate project

Q: I want to claim for refund on a cancelled project for a property in Dubai. Is it possible?

The starting date of the probation period

Q: Madam, I`m new in the UAE, and now working as a safety officer since July. I would like to resign, and I`m actually in my probation period. I would like to know from which date does our probation period start, is it from the day the employee labour contract started, the day of joining or from the day when the visa stamped? Please help me with the proper information.

Claiming financial rights and maintenance from father

Q: Polygamist father has left home and stayed with his 2nd wife and her kids and mother, after a fight about "why I didn`t give salam to the 2nd wife" while I was sitting inside a car and she was outside talking with my brother. I am not on speaking terms with her and she was a reason for countless fights in my family. My father also said he will not pay for food expenses because my sister and I got a job. He stopped paying for my sister`s education a year ago so she pays for herself. My two younger siblings are still studying and can`t provide for themselves. My sister and I don`t earn enough to support a family. I want to know if the police can be involved just for warning my father about the consequences of his action if this issue does not get solved amicably.