Questions & Answers - Legal Advice Middle East

Variance in the carpet area between the SPA and design drawings

Q: I purchased an off-plan property in Dubai, UAE. Later I found that the covered area in the Sale and Purchase Agreement (SPA) for the off-plan apartment is 25% more than the area calculated from design drawings provided by the developer. I followed this with the developer for more than a year but they have refused to discuss until handover. I bought two apartments in the same building and both have the same issue. Seems this is a widespread issue and the developer is deliberately charging 20%-25% more to buyers. I launched a complaint with DLD but they verbally asked me to go to the court. Is this a fraud? Where should I launch my complaint?

Divorce proceedings and the right of custody

Q: If a married couple is filing for divorce and they have six children, what will happen to the children? The children are between 8-18 years old. My question is, who has the right to take them and take care of them?

Statement of defence for an accusation of embezzlement

Q: Hi Sir, I have a case in Dubai Courts for the embezzlement of 30500. When I appeared in front of the judge in the 1st hearing, they asked me if I did it or not. I said I did not, then they said I need to submit my reply in Arabic to defend myself. What will be the charges from the court if I lose the case and where can I get it translated to Arabic?

استخراج شهادة عدم محكومية بعد تنفيذ حكم سابق

س: السلام عليكم أريد أن أصدر شهادة عدم محكومية وكان علي مسبقاً قضايا شيكات ودخلت السجن وخرجت. هل يؤثر ذلك على إصدار الشهادة؟

Removing a deportation order for possession of drugs

Q: Hi, My fiance was arrested due to drug possession. The prosecutor in Dubai dropped the charges and ordered deportation after 30 days being in jail, so he doesn`t have an order for deportation from the court as he didn`t go to the court. What are the chances for him to get back to the UAE as he has a good job offer and what is the procedure to do that? Thank you

Checking information about a police case for cheque bounce

Q: I believe there is a case against me at the police station with regards to a bank depositing a security cheque. I cannot figure out which bank. How can I sort this out and who can assist me?

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قضية بسبب القيادة في حالة سكر

س: أبحت عن محامٍ لأخي مشدود عليه في السجن بتهمة السياقة في حالة سكر. أنا من ألمانيا و أتحمل الأتعاب.

Labour proceedings for the non-payment of salary

Q: Hi I have been working in the UAE since Feb 2017 and I left my job on 31st July 2018 due to unpaid salary. I am on a free zone visa, valid until 2020 (Tecom: Academic City). Still, my one salary is pending and I also have not taken my yearly one month paid vacation for 2017 (as included in my contract). Now, the company wants to cancel my visa. I just want to know if they can cancel my visa without my signature. And am I entitled to receive one salary for my paid vacation that I did not take? Where should I go to file the complaint?

Debt settlement with the bank to avoid legal action

Q: Hi I have 5 credit cards & one personal loan from the UAE. I couldn`t pay since August 2018. I am not in the UAE now. I want to repay now but on acceptable instalments. Can anyone help me with this, please?

Returning to the UAE after leaving without visa cancellation

Q: I went on an emergency vacation in August 2018 and was unable to go back to the UAE due to a problem at home. Now, I want to come to the UAE again on a work visa. Will my old company visa be automatically cancelled or the company PRO will cancel it? How can I come to the UAE again? Please reply.

Power of Attorney drafting and attestation fees in the UAE

Q: What is the standard price range for drafting a Power of Attorney?

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Legal advice for defending a criminal case of defamation and slander

Q: Good afternoon, I was involved in an argument with my neighbours due to noise from their side, the argument escalated and I called them names. During the argument, I called the police. When the police arrived, the involved neighbours had left already. The police said that I could file a complaint at the police station, but I didn`t. The next day, I received a call from the police informing me that they filed a complaint against me. The case is currently awaiting transfer to the prosecution. I was told not to try and contact the neighbours in order not to escalate it to a bigger case. It`s been almost 2 months and my passport is on hold with the police since then. I need your advice to solve this matter. Thank you

Recovery of a debt from a person who fled the UAE

Q: Is it possible to recover money from someone who has fled the UAE? The amount I need to recover is close to AED 1,000,000. The person has most probably gone to Pakistan or Afghanistan.

Whatsapp chat can be a proof before the courts

Q: Someone has taken money from me and not returning it. I have WhatsApp chat as a proof. Is WhatsApp chat an admissible proof? And where should I file the case? The Police station or court? Kindly advise

Settlement of loans and credit cards cases with the bank

Q: I unintentionally left the UAE in 2016 due a to family emergency with an unpaid credit card and a few loans. Since I have got confirmed by a Dubai based colleague that I have a police case already for bounced cheques cases. How do I go about the settlement from outside the UAE? I have heard of the fines imposed as well as bounced cheque criminal case has been demoted to a minor misdemeanour in Dubai. Involved banks are ADCB (loan of 120k), FGB (credit card - 70k), ENBD (credit card - 20k), HSBC (credit card - 13k) and CITIBANK (loan of 31k). Thank you for your help. Please advise on the action that I can take to settle my issue without going to Dubai, UAE.

تكرار الملاحقة الجزائية عن جرم واحد

س: أنا موظف مالي تم اتهامي بتاريخ 16/8/2018 بالاحتيال والتزوير وإساءة الأمانة بمبلغ 37 ألف دينار بعد إنهاء خدماتي بتاريخ 6/8/2018. وفي نفس التاريخ، قبض المدعي مبلغ 50 ألف دينار وأسقط الشكوى أمام المدعي العام وذكر مع إسقاط الشكوى أن التدقيق على الحسابات ما زال جارياً لاكتشاف أي أموال أخرى، وما زالت القضية منظورة لدى القضاء. قام المدعي بإسقاط الشكوى ضدي بتاريخ 19/11/2018 أمام القضاء صلح جزاء ولكنها ما زالت منظورة ومتوقع شمولها بالعفو حتى قبل أن يوسع النواب العفو العام. ولكن قام المدعي باكتشاف مبالغ أخرى على حد زعمه بين القضية الأولى بتاريخ 16/8/2018 وإسقاط نفس الشكوى التي رفعها من جديد بتاريخ 19/11/2018. فقام برفع قضية جديدة بإساءة الأمانة المشددة والسرقة مادة 406 والتي تعد أيضاً مشمولة بالعفو قبل توسيعه من النواب. فهل يجوز تجريمي مرتيين بنفس الجرم وهو إساءة الأمانة المشددة غير المقرونة بالادعاء بالحق الشخصي بعد إنهاء خدماتي بتاريخ 6/8/2018؟ وهل سيبقى المدعي يرفع علي دعاوي جديدة كلما اكتشف شيء جديد بنفس الجرم ودون ادعاء بالحق الشخصي؟ أعتقد أن هناك شيء خاطئ بالموضوع.