Questions & Answers - Legal Advice Middle East

Misleading salesman in the process of purchasing a property

Q: First of all, I am new to Dubai and I was searching for a villa here. Sometime later I found something I was interested in. I`ve decided on a villa and many promises were made for it by the seller of the developer. The seller gave me a good price, a payment plan which suits my needs, included landscaping, 1-year free service charge and other charges regarding the inside of the villa. I was asking the seller for a confirmation in writing mentioned with all the promises that were made. He told me I will get it only after paying the reservation of 20% from the purchase price. Unfortunately, I believed him and paid the 20% + 4% DLD to the developer. After asking several times for the confirmation in writing, I still got nothing. We wrote at WhatsApp and I still have the voice memo`s and history where we talked about everything. I have a memo of his voice promising me several times that everything will be realized and that I will get my confirmation in writing very soon like it was promised in the first place. I had to fly back to my home country due to work-related reasons that`s why I wanted to take the reservation form with me to read and sign it at home, but I got interrupted by the seller. The seller insisted me to sign the form as soon as possible and came to my hotel lobby with the reservation form at 10 pm. I took an exhausted look at the reservation form and noticed some faults like a wrong payment plan, landscape and 1-year free service charge weren`t mentioned either. He told me that this is just a temporary booking form and it`s only about the reservation, just so that I won`t lose the villa to someone else who is interested. He concluded by saying that all the changes that were promised will be written on the purchase contract. Nevertheless, I`ve made a copy of the booking form from the printer of the hotel. I`ve asked the seller several times if there is any hitch in the contract, he made an oath in God`s name that my wishes regarding the villa will get done and that every thing has its validity. The next day when I was in my home country I took a closer look at the booking form. I ascertained that everything was wrong at the form: wrong price, wrong payment plan, and all my wished changes were not mentioned. In addition, the reservation price wasn`t 20% like he told me. It was written at the reservation form that I had to pay 10% of the purchase price. Of course, I complained immediately. After around 1 week I got a call by the seller. He told me that he couldn`t change the price since it was already the best, that he can`t include the 1 year free service charge and he could not change the payment plan as arranged before. He told me he could only realize some few changes regarding the villa but not every thing that was agreed before. I am really disappointed and I claimed my money back. The only statement I got was that I can`t get my money back, because it`s not refundable through the booking form. I feel really messed around and I have never thought that this could happen to me here in a city like Dubai, especially by a big developer with a huge project like this. I feel desperate since it`s a huge amount that I`ve paid. What can I do? I have as evidence all the WhatsApp memos and the history between me and the seller. I would appreciate a helpful response or a very good lawyer.

Claim for outstanding amounts against provided services

Q: Hi, We are a technical & cleaning service provider. We worked on the facade cleaning of Hotel Apartments and submitted our invoice on the 18th of March 2018. As per our contract, we receive our payment within 15 days after the submission of the invoice. But this time we are chasing them for the 15 days period which was on April 4, 2018. Every time we ask, their finance department was replying that the signatory is not available. Yesterday, the 28th of July, we arranged a meeting with their GM and discussed everything with him. We were shocked that the GM said: "Go to the police, we will not pay you anything." I replied, "Why"? He said, "The management is not willing to pay anything to anyone". We have the contract with them, a copy of the submitted invoice, and photos of all work progress. Advise us, what should we do? Regards, S. S. H. Managing Director

Is the employee obliged to sign the non-competition clause?

Q: If my labour contract does not include a non-compete clause, would article 127 be enforceable? What is the view on the employer holding the payment of final settlement and visa cancellation upon signature of a “settlement agreement“ that stipulates non-compete obligations along with other conditions? Noting that I filed a complaint against the employer refusing to pay the final settlement as per the Labour Contract, whilst the employer filed a complaint against me for refusing to sign the aforementioned “settlement agreement”. What articles/clauses can I cite in the first hearing at the MOHRE to support my rights? My hearing is tomorrow morning and I will greatly appreciate any help

Possibility of a labour ban upon termination during probation

Q: Dear Sir, I had joined the company on 15th March 2018 and the company has given me the visa on 15th of May 2018. Now, today 25th June 2018, They sent me the termination letter all of the sudden without any reason. I am still on the probation period. Is there any ban applied to me? My contract is unlimited. Thanks Vaibhav

Reclaiming a property in Cyprus inherited from the mother

Q: مرحباً، لدينا حصص في عقار في قبرص - ليماسول وعليها بناء، ونحن نملكه إرثاً عن والدتنا القبرصية التركية وأرغب بمتابعة أمور عقارنا القانونية.

Misuse of a power of attorney granted to manage a bank account

Q: I am a foreigner and have a permanent residency in Cyprus. I had an account in the Hellenic Bank. Because I was busy out of Cyprus, I gave a power of attorney to my friend to take care of my account by signing bank documents in this respect. After a while, I went to my bank to check my account. Unfortunately, I saw that she transferred all of my money to her own account without any permission or informing me. I thought that because of the power of attorney that I have given to her, she had this right to transfer the money. But recently I thought, although she had my power of attorney, she had no right to transfer my money to her account. What will be the result at the court if I ask to return my money?

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Claiming ownership of the deceased father property

Q: Hi, My father of Greek/Cypriot origin owned a business in Limassol, Cyprus for over 30 years. The land which this business was built on was owned by the Turkish government (Merimner.. I think) which was allocated and the ownership of the building was in my Father`s name. Unfortunately my father passed away suddenly in April 2000, since this time I have applied and attended the offices in Limassol to claim and transfer over the ownership into my name which for some reason has been prevented from happening. I am still unable to find out whom I need to speak with, or even where to start and would like to know what I can do to gain what was legally my right in transferring the land over into my name. For over 17 years now I have been prevented from inheriting what I feel was rightfully mine. Could you please advise if this is something that I could learn more about or if there is a case to be opened regarding this. Many thanks, Chris

Removing a ban imposed for medical reasons

Q: If you have an immigration ban wherein you were announced having an old TB, can you still re-enter the UAE even on visit visa only?

Worksite accident and clearing the case at the court

Q: Hi Sir, Respected, My case is running in the Dubai Courts for one construction worksite accident that happened to one of our workers who fell down by his own mistake and hospitalized in the emergency. The case is running for 1 and a half year and the person who fell down is okay now, but the prosecution is saying it`s 100% disability. For the victim, we had paid all the medical bill of AED 92000 + given all salaries till date, and due to a long time, we are in full stress and want to close the case from the victim and from my side. What is the procedure for giving Tanazul (clearance)? Regards, Amir Suhail

Company formation to carry out the activity of selling goods online

Q: I`m planning to open a company here in Dubai, and I need an advice regarding the formation of a company, i.e. whether it can be registered in the free zone without any problem. The company will be an online platform that showcases goods available in Dubai and will connect OVERSEAS buyers with local (UAE-based) sellers. The company will make money by charging a commission for each sale. The company will receive the money from the buyer and release it to the seller. Shipping of goods will be managed by the seller. Since the company will not buy or sell goods in Dubai/UAE and will not stock goods, my understanding is that I can register this company in a free zone. However, not sure if holding money here in Dubai affects the form of the company. Does the money need to be held in Dubai at all? Can the money be held in an overseas account while it is registered in Dubai? If not, if the money is to be held in Dubai, is there a certain type of bank account required onshore/in a free zone? Thank you

Checking a case for defaulting on phone bill

Q: Good morning Sir, If there is some problem with DU billing, can they file a case for AED 2000? And if they file a case, how will I know about this because I don`t have the same number which I had it before?

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Claiming unpaid salaries without having a work visa

Q: I am Venkatesh. I am working in one interior company in Sharjah. Nearly 2 months completed, but till now they didn`t pay my salary. I asked my company manager, owner and my agent, but no response. My agent told me tomorrow at 4 to have an appointment, then I tell you. I have a tourist visa only, so give me a suggestion.

كف بحث من الشرطة للتعثر بسداد قرض

س: السلام عليكم أرجو التكرم بالرد على استفساري القانوني: كيف يمكن إزالة التعميم علي (كف بحث من الشرطة) كي أتمكن من اسئناف سداد قرض شخصي؟ تعرضت للفصل من عملي وغادرت لبلدي والآن وجدت عملاً في دبي، لكن البنك يرفض إجراء تسوية أو إزالة التعميم كي أعود وأعمل وأسدد. وجزاكم الله خيرا

The meaning of case disposition and required action

Q: What does it mean when a case status in Ajman is dispositioned? It says there that the hearing decision is reserved for judgement.

كف بحث من الشرطة لعدم سداد قرض شخصي

Claiming an outstanding debt from a client in Dubai

Q: Hi, We run a small consulting and design firm in Cape Town, South Africa. We recently were commissioned by a client in Dubai to develop their brand strategy and revise their website. The last 25% payment is due and the client refuses to release this payment. It`s a small amount of around $2500. What are our options without finding ourselves in debt? Thank you