Questions & Answers - Legal Advice Middle East

How to terminate the SPA of a property and claim refund for delay

Q: I have purchased an off-plan property from a Dubai based developer. The project is delayed and not yet completed and the DLD App is showing 85% progress. As per the SPA, handover date is Q2/2018. I`ve sent 2 delay notices already during the last years, to the developer as per the SPA. The developer verbally informed me that the Building Completion Certificate is planned in November and completion notices due on December 2020. This cannot be trusted as last year they informed the same. Further, the developer`s agent is just saying now I can`t terminate the SPA since the progress achieved is more than 85% - as per the UAE property Law. This is not in line with the SPA as per my understanding. 40% of the apartment amounts are paid timely and in full together with 4% DLD Fees. Balance 60% is due only at the handover. Currently, I want to terminate the SPA and obtain a full refund. Please advise legally how to take action on this requirement? Thank you and waiting to hear from you.

Requirements for renewing the lease for an apartment with reduced rent

Q: I am staying in a rented apartment in Ajman since September last year. During September 2020 the landlord agreed to renew the rent agreement for a further period of one year with a reduced annual rent amount. Accordingly, both of us signed the application format of Ajman Municipality for renewal of tenancy agreement. Apparently, the landlord failed to authenticate the tenancy contract from Ajman Municipality. According to him his online account with the Municipality could not be accessed as it was locked and he is communicating with them through emails as the landlord currently stays abroad. My question is that, is it legal to continue in a rented flat in Ajman without Municipality Authentication? First-year tenancy contract was duly authenticated by Municipality which expired in Sept 2020. Are there any consequences to continue in the same flat without authentication?

Filing a case against the ex-husband for child maintenance from abroad

Q: Hello, My ex-British husband lives in Ras al Khaimah, and he has been a resident there for the past 13 months. He is not consistent with the payments towards our 3-year-old child. Can I file a child maintenance lawsuit against him there? I live in the UK and we are separated. He works for the Department of Education and receives around 4000£/monthly wages. How much would that cost me; hiring a private lawyer?

Filing a medical malpractice case after 3 years

Q: Hi all, I had put a question here regarding an option to sue a hospital in DHCC area for a surgery that`s gone wrong and caused bowel perforation, infection,... Now, 3 years have passed since the surgery time, July 2017. Any chance I can still start an action against the hospital? I know it is only 3 years to take an action. Thanks in advance!

Terminating an off-plan property agreement due to the delaying of SPA or Oqood issuance

Q: Hello, I have purchased an off-plan apartment in Dubai last year. I paid the deposit, Oqood registration fees, and have been paying all installments on schedule toward’s the developer`s Escrow Account. However, the developer is delaying issuing SPA or Oqood till now with no valid reason. Even though, they had me sign the SPA from my side on the promise that they’ll sign it after me and attest it from DLD. It’s been more than a year now, I’ve been asking for either SPA & Oqood or a refund of my money, yet the developer simply replies with “it’s under process”. I would prefer now to just terminate the agreement and get a full refund of my payments. Is this possible? Appreciate your advice. Thanks!

Obligation of the cheque signatory when he wants to leave the company

Q: I am working in a tourism company in Sharjah, the 100% ownership is with the sponsor. The company started in March 2019, after 3 years only, to change to LLC as per the license. The sponsor gave me power of attorney to open a bank account so I am signing on cheques and all is going perfectly. My company has 7 partners and they took various letters on the company letterhead and stamped for mutual agreement, and also my 2 blank cheques and one checkbook are with them. Please advise, is there any issue if I quit the company? I want to repay AED 50000 to the company because I paid credit to customers still not received, and I will pay but need few months time to repay the same. They threatened like talking more. Please advise and how can you help

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Do I need to send a non-renewal letter at the end of my employment contract?

Q: Dear Advisor, Good day! I just wanted to seek your advice about my situation. My labour contract in my company will be finished on December 14 as well as my Emirates ID and I am planning not to renew if I will be confirmed with the new company I`m applying for. So I wanted to know if I need to submit to my company now a resignation letter or non-renewal letter and kindly explain to me why? Thank you in advance.

استئناف حكم محكمة عمالية حين تكون قيمة الدعوى 20 ألف درهم

س: هل يمكن لصاحب العمل استئناف حكم محكمة عمالية حين تكون قيمة الدعوى ٢٠ ألف والمبلغ المحكوم به ١٩١٦٠ درهم وتذكرة عودة؟

Consequences for leaving the country before signing the job offer

Q: Hello. Good morning, I want my advice. I`m a foreigner, and I agreed to come to Dubai to get a job, and the company that hired me sent me a job offer. But the truth is that I do not want to work in that company, and I want to return to my country. Will I have legal consequences or be detained at the airport if I want to leave? I haven`t signed the job offer yet. Thank you.

Cases where the delay in property handover call for a full refund

Q: Hi, I am seeking advice on property purchase. In 2016, I purchased a studio with a completion date of Q2 2018, for 500k, with 70% paid at handover. So far, I have paid 140k+21k registration fees. It has been over 2 years since completion date with no signs of it completing till Q1 2021. Due to this delay, I would like to inquire my legal right if I were to file a case and request for a refund from the developer. The SPA states in case of force majeure, they can extend the completion by 1 year, after which they have an additional year under the seller`s remedy period. However, I have not received an email stating a force majeure, therefore, I did not issue a written notice. Although, I have sent them numerous emails stating that I would like to cancel my unit and get a refund, however, I have been denied this request. They had said all such requests sent by email do not count. Can someone please guide me, whether I should file a case or not? Thank you!

Can the employer ask employees to take unused leave during the notice period?

Q: The employer terminated my DMCC unlimited contract. I am currently serving my notice period. Can the employer ask employees to take unused leave during the notice period? Is it legal to force the employee? Is there compensation for 3 months` remuneration in case of termination by the employer?

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Possibility to terminate property purchase for failing to issue the SPA

Q: Hello, I have purchased an off-plan apartment in Dubai last year. I paid the deposit, OQOOD registration fees and have been paying all instalments on schedule toward’s the developer`s Escrow Account. However, the developer is delaying issuing the SPA and OQOOD until now with no valid reason, even though they had me sign the SPA from my side on the promise that they’ll sign it after me and attest it from DLD. It’s been more than a year now, I’ve been asking for both the SPA & OQOOD or refund of my money, yet the developer simply replies with “it’s under process”. I would prefer now to just terminate the agreement and get a full refund of my payments. is that possible?

UAE companies' governance and compliance

Q: How companies in the UAE ensure corporate governance and compliance with UAE laws without a mandatory company secretary as in India?

The restaurant is sold to another person without paying employees' dues

Q: I was working at a restaurant. An accident happened and fire exploded in the kitchen. Other staff members get burn on faces. Municipal officials came and my boss got fined because CCTV was not working. My boss closed the shop on September 3, 2020. I did not get my salary. My visa expired on September 26, 2020. I am already overdue. I did not get paid until now. The restaurant was already sold to others on September 5, 2020. My visa is expired and I do not have my accommodation rent. My boss procrastinates and tells me that I will get my dues tomorrow. I`m afraid of the fine.

Claiming the amount of a bounced cheque after the employer fled the country

Q: Hi, Actually, my old company has given a post-dated cheque for my final settlement. After that, the company owner ran from the UAE. My cheque bounced, I didn`t give any complaint. Now I got information that the company is going to be taken over by another person. Is there any chance to get that money? Is there any validity for the bounced cheque?

شخص واحد يشغل منصب المدير العام لشركتين مختلفتين

س: هل يُمكن لشخص واحد أن يُنصَّب مديرًا عامًا لشركتين مختلفتين؟ وهل يمكنه إبرام عقد شراكة بين هاتين الشركتين؟