Questions & Answers - Legal Advice Middle East

Letter required for property loan clearance

Q: I own an apartment in Dubai and on the Title Deed I have my name and that of my daughter who is a minor. I have approached a bank for an equity release against the apt and the bank has asked me to get a court permission allowing me to get the loan since there is a minor. I have approached the personal status court and the judge asked me to prepare a personal statement of my position, etc and to include the reason why I need the money and what I plan to do with the money. On the personal statement I put “The purpose that I am applying for this loan is because I would like to use the money towards the continued education of my daughter as she attends university in the United States to obtain a Bachelor’s degree which takes 4 years and part of the application process is to show proof of funds in order to pay for university as a pre-requisite in the application process.” My question is my reasoning ok for the Personal Status Court or should I put something else on my personal statement?

How to extend a lease for a few months

Q: I am renting an apartment right now in Dubailand. The rental term ends by 28th of February. I am flying back to my home country on April 6th and I don`t want to look for another stay for the last two months. My landlord wouldn`t mind when I stay until April 6th but he and I both don`t know if it`s legal and what do we need to do to make it binding between us. Thanks and Best Regards

Accusation of shoplifting

Q: Retail brand in Dubai filled a case for shoplifting against me and I was called for the court hearing, what are my rights?

Transfer of labour complaint from free zone to labour court

Q: I was working in Free Zone company here in Sharjah. Our total delayed salary is 6 months. Some of my co-workers already complained in Free Zone immigration but no avail. What is the best we can do where we will complain? Waiting for your reply.

Consequences of filing a criminal case against a debtor by the bank

Q: Hi, I have just found out I have a police case filed by my bank on a credit card payment. I have a credit card with 25k limit and could not do minimum payments for 1 year (due to job loss), nevertheless, the bank filed a case against me for 190k. I do not understand on what ground and would like to know what to do. As well, how can I find out if I have a travel ban as I would rather try and solve the situation remotely from home than be concerned that I will be jailed here? Your advice is appreciated.

Issue with rental property

Q: I left my room 9 months ago and handed over the key to real estate agency. My stay period was only 2 months and 13 days. Now real estate agency is calling me and saying that I have to pay more money, otherwise, they will go to court... But the time I handed over the key, they did not return my security deposit and 20 days advance rent. Now after 9 months they are calling me...

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Can written confession of crime be retracted?

Q: I have been advised that under UAE law, a written confession of a crime, whether by electronic or other means, cannot be later retracted. How true is this and what are the nuances? What are the relevant articles of law?

Consequences of increased area of property on handover

Q: I invested in a Dubai property in 2007. It was completed in 2016. In my handover notice was included a size increase letter which says my property size has increased by 50% and I now need to pay an extra 463,000 AED. Under Executive Council Resolution No. (6) of 2010 Approving the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register: "Any area in excess of the net area of the sold Real Property Unit may not be taken into consideration. Unless otherwise agreed, the developer may not claim the value of such extra area." The developer is saying because I agreed to pay for any increase in my SPA which I signed in 2007 I have to pay for the increase. I am saying since the law came out in 2008 and decree 6 came in 2010 they would have to agree the increase with me again. Can you please advise.

Bank loan issue

Q: I was working for Etihad Airways as cabin crew. I got fired last March so I couldn`t pay my loan to the bank. I tried to find a job but I was not lucky. However, when I came back home, a hotel in Dubai sent me an offer letter. But the bank sent me a notice about legal action. If I don`t pay the last 4 months I will be facing a big problem with the court. What should I do? Please advise.

What to do if your employer doesn't pay salary

Q: Hello Sir, I am working in the UAE as a Telecom Engineer (but visa as an Electronic Exchanger). My company has no project since Feb 2017. They asked me to go on vacation in Feb 2017, still, they didn`t get any project. I came back on July 13, 2017, without informing them. Now they are not paying my salary as there is no work, so I asked them to provide NOC so I can find other jobs, and now they are asking for visa amount. WHAT SHOULD I DO NOW? Visa issue date: June 2016 (2 yrs employment visa) Please suggest me what to do.

Do I have a travel ban if I was fined for bounced cheque by the public prosecutor?

Q: I lost my job and could not pay the EMI`s since Jan 2017 till now against a personal loan of AED 316,000. The bank bounced my cheque in March 2017 and I was fined Dhs 15,000 by the public prosecutor. Do I have a travel ban or not by the bank? The bank is calling me every day for paying the loan even after the police case. I am still jobless.

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Civil marriage in the UAE

Q: What is the applicable law in a case of a marriage between an American and a European national who got married in Dubai?

Can jail sentence be converted into fine if the accused is outside the UAE?

Q: Dear Mr. Khaled, I have been working and living in the UAE for last 10 years and had few credit cards and loan. Last year I came to Pakistan and did not return as I was terminated during my vacation. Now, I have started settlement with banks and have obtained good discounts and have settled. Few cases are left which I am planning to pay fines through court. Two of them have Jail sentences for 1 month and 2 months respectively though the cases are on 16000 and 31000 AED credit cards. Please advise, can we get the sentence converted to fines as well? What am I supposed to do in this situation where the sentence is Jail though I am not in the UAE? Thanks.

Can I pay and lift a travel ban straight at the airport to leave the UAE?

Q: I have a travel ban on non-payment of AED 12000 but there is no arrest warrant. Can I pay this amount at the airport while leaving the country?

Refund of a deposit paid by the buyer of a real estate property

Q: Hi, I had signed an MOU to buy an apartment. I had the following clause in the MOU: "This sale purchase contract is subject to the final approval from the Buyers Banks" My mortgage has been rejected by one bank. While I was processing my mortgage with another bank the MOU expired and the seller is not willing to extend the MOU. Can I claim my deposit check back from the agent? Thanks, Dinesh

Dishonoured cheques and breach of contract

Q: A Company had issued us several cheques amounting to nearly 600,000 AED. All the cheques had bounced, and we lodged a complaint with the police station. The police after calling for the bank documents and details from the defaulter`s bank issued a travel ban. All efforts of the police to trace the defaulter or contact over the phone have been futile. The police have now forwarded the case to the court and asked me to keep track of the dates on the portal. The cheques were signed by the Managing Director of the company. It is important to note that the defaulting Company had violated several terms in the contract, resulting in fraud and criminal conspiracy and breach of trust. Please advise what will be the consequences the defaulter may have to face and how should we go about it.