Questions & Answers - Legal Advice Middle East

المطالبة باسترداد الأقساط المدفوعة للمطور بسبب التأخر في تسليم العقار

س: السلام عليكم أنا مواطن خليجي اشتريت شقة قيد الإنشاء في دبي، مشروع royal estates تحديداً. المبلغ الاجمالي ٣٣٠،٠٠٠ درهم. دفعت قرابة ٥٦٪‏ من قيمة العقار حتى الآن، واكتشفت قبل عدة أيام أن المشروع متوقف عن العمل. *طريقة الدفع المتفق عليها في العقد كانت كالتالي: ١- دفع ١٠٪‏ من قيمة العقار مقدماً. ٢- دفعات شهرية لمدة ٣ سنوات (٣٦ دفعة). ٣- دفع ٢٠٪‏ من قيمة العقار عند الاستلام. ٤- دفعات شهرية لمدة سنة ونصف (١٨ دفعة). حتى الان دفعت ١٠٪‏ مقدم و ٣٦ دفعة بالكامل، ما يعادل ٥٦٪‏ من قيمة العقار تقريباً. على أساس أن الدفعة المطلوبة القادمة ستكون عند التسليم. علماً بأن التسليم كان متوقعاً بعد شهرين من الآن، لكن لم يبنى المشروع بعد. والآن تقول الشركة أن التسليم في ديسمبر ٢٠١٨. علماً بأن المشروع في دائرة الأراضي والأملاك متوقف، under cancellation decision ١- فما هي نصيحتكم لي؟ ٢-هل يمكن المطالبة عن المبالغ السابقة بالإضافة إلى تعويض وأتعاب المحاماة؟ وكم ممكن يكون التعويض؟ ٣-وكم ممكن أن تكلفني القضية بالكامل؟ أتمنى أن يكون ردكم سريع وكامل لأنني أريد المطالبة بالمبلغ بأسرع وقت، ونعتذر لطول الموضوع.

Cancellation of visa from old employer to work for a new employer

Q: My employer is not cancelling me. They terminated me last November and accused me of stealing which was not proven. Now, I have a new offer letter, though the salary is lesser. I informed them so they can cancel me already and she agreed as per her message. But now it’s been two weeks and she’s not replying to me anymore. I’m on a limited contract and finished 6 months probation with their company. Will there still be a labour ban? If she files an absconding case against me, what should I do?

Checking the status of a labour case and counter-criminal complaint

Q: Hi, I work in Dubai for six months on an unlimited contract. Then suddenly my employer cut my salary by AED 1000 for the two previous months. I filed a complaint with TASHEEL and transferred it to MOHRE. We already did face-to-face meeting but there`s no conciliation. The Local transferred my case to Dubai court. Then my employer suddenly filed a case against me for the loss of money at the company. I already filed the labour case and there is no schedule for hearing between me and the employer. It is already 10 working days since I filed the labour case. What should I do next?

Renewing LLC license and changing the old sponsor

Q: Hi, I have LLC company not renewed for two years. Six months back, I tried to renew and made a new MOA to change the sponsor by paying AED 10000 to old sponsor. Later I could not renew with DED as I did not have money. Now, I want to change the MOA with a new sponsor. This time, the same old company sponsor is demanding money. Please suggest as I am struggling for money and issues with the old sponsor.

Checking travel status in case of credit card dues

Q: Hi Madam. I would like to check my travel status since I am having credit card issues. Please let me know how to check this and the fee for the same. Regards, Vinod

Current employer's request of money to cancel the visa

Q: I am working in a private company in Abu Dhabi and I finished 9 months now. I want to change my job as I got another job, but the employer is asking for AED 6000 for cancellation. What is the rule?

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Drafting a term sheet for investors

Q: Hello I need to draw up an equity term sheet with new CTO of the company. Where can I get help to do this?

Recovering payments made for a property due to project delay

Q: I bought an off-plan property in Abu Dhabi. The developer is now (I believe) in breach of contract due to delays. I have paid 3/4 of the property cash, however, I don`t have visibility or confidence on when the apartment will be ready. What are my chances to get my investment back? How long would it take? Is there any alternative solution?

Early termination of lease agreement for hidden defaults

Q: Hi there, I have moved with my family into a rented apartment in Tehran and paid the landlord 6 months rent & 1-month deposit upfront, but the landlord failed to tell us about any faults before we moved in. Since we moved in we have had an electrician round to replace an electrical component which was due to faulty electrics causing the fuses to constantly trip, in addition to mould inside the walls and on attics making a very bad and unhealthy smell. We have demanded our full rent & deposit back from the landlord due to the apartment behind completely uninhabitable due to the extreme smell of mould and other problems making it impossible to live there, but he is refusing to give us our money back. What can we do please?

Checking an unforseen arrest warrant or case

Q: Can I get a warrant/complaint check done if I wasn`t a resident of Dubai? I was on a holiday visa and at a brunch, and can`t really remember getting back to my hotel. I`m pretty sure it`s ok, but I`ve read some stories about taxi drivers making complaints without people knowing and people getting arrested when returning to the airport. I just want peace of mind next time I go back.

Is it possible to be blacklisted after paying the fine in a bank loan case

Q: My name is Asanka. I have a problem with ADIB because I have a personal Loan of AED 28500. I kept paying and now the outstanding balance is AED 5900, but last month I tried to go on emergency vacation. They stopped me at the airport and took me to Naif Police Station and made a case. Next day, they put me in court and ADIB made a cheque case of AED 34000. So, the court gave me a fine of AED 2020. I need to know if I’m blacklisted in Dubai and if that outstanding amount of AED 5900 I still need to pay. Please help me. Thanks. Asanka

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مساعدة قانونية بخصوص دعوى شيك مرتجع

س: السلام عليكم كتبت شيك الى شخص كضمان بدون تاريخ قبل خمس سنوات بقيمة مليون درهم، وقد توقف العمل بيني وبينه لأنه بدأ بالتحكم والفرض وانسحب من العمل. وبعد التصفية التي فرضت عليه وتم أخذ شيك بقيمة 250000 درهم على أساس استرجاع شيك بقيمة 1000000 درهم، لم أستلم الشيك وقد غادرت البلد بعد التهديد. والآن يدعي بأنه أوصل القضية إلى الإنتربول.

Travel ban and arrest warrant for an outstanding Etisalat bill

Q: Good afternoon I would like to know if a travel ban has been issued against me for an outstanding Etisalat bill totalling of AED 3600, does it mean that there`s also an arrest warrant? And if I settle the amount, will I be cleared from the blacklist and travel ban?

Claiming the passport of an employee from the old employer

Q: I want to hire a young lady, but her previous employer is holding her passport. They are requesting her to provide an entry visa from the new employer (me). An entry visa is when she exits the country, correct? She will not have to exit if she can get her passport for me to process her new resident visa, correct? Her old employer is based in Abu Dhabi and they state this is how Abu Dhabi does things. I am confused because they shouldn`t be holding her passport first of all, and they shouldn`t have an entry visa to release her passport. Please advise.

Resignation for the non-payment of salaries and claiming entitlements

Q: I have been working in a free zone company in Dubai for 14 months and I did not get my salary for more than 8 months. Every time I was asking for the salary, the employer tells me that he did not get payment from clients and he is still saying like that. Now, I sent the resignation letter due to the non-payment of salary, but the employer told me that I cannot resign and I need to finish my 3-year contract otherwise he will deduct the amount from my salary. I don`t want to work for this company and also I have a good offer from another company. So, do I need to work for the employers? Will I get a ban?

How to register e-commerce or other companies in the UAE

Q: Hello I want to open an online store (e-commerce) in Dubai, it will be online clothing store and I will receive the clothes from China by courier and sell it in Dubai. Customers can complete the payment with Pay Pal. So I would like to know if I need to register this online store, and if yes, what`s the procedure. Since the items will be shipped from overseas, then maybe I do not need even to register it. Please advise