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UAE

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

Q: I entered into a SPA with some developers back in 2017 and paid 30% for a 2BR in a project. It was originally supposed to be delivered in Q2`18. I want to get out of the agreement and ideally get my deposit refunded, what are my options, and how much legal cost we are talking about? Thanks J.
Questions & Answers
UAE

Is it possible to resolve a pending loan case before returning to the UAE?

Q: Hello Madam. Good morning, My name is K. V. I have an unpaid loan amount of AED 300000 in Abu Dhabi. The amount is due since 2018. Now I got an opportunity to work in the UAE and I want to clear my loan on an instalment basis. Will I get the visa? Kindly advise
Legal blog
UAE

Payment Orders in the UAE

An interview-format article covering the topic of payment orders in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Questions & Answers
UAE

Obtaining a PCC in case of a pending loan after being made redundant

Q: I have a salary transfer loan of circa AED 660K, out of which AED 600K is remaining. My company made me redundant. I need guidance over loan settlement and what would be the impact on the police clearance certificate in case the bank files a case against me. I am ready to face the court of law but I only have 2 months before my visa will be cancelled.
Questions & Answers
UAE

Rights of the employee in case of resigning during the probation period

Q: I was working in a company in Dubai on a family visa. I was not provided with any labour contract during my tenure. I have resigned under probation serving 7 days of notice period as per their contract. They also deducted my 1 month & 8 days of salary by considering it as training and licensing cost. Now the HR and the manager are not responding to me to clear my incentives and complete my exit process. I also want to know whether the employee is supposed to bear the cost of licensing (DHA) if he/she resigns under the probation period.
Questions & Answers
UAE

How to terminate a property SPA for delay in handover and request refund

Q: Hi All, I bought a property in Dubai in May 2018. The timelines are mentioned below. Dec 2017: the project was commenced. May 2018: I bought my property (30% Paid and 70% Mortgage (upon completion)) March 2021: (66% project completed as per the RERA website). As per my SPA, the project completion date was Dec 2019. 2020 being a force majeure year I am not sure if we are supposed to count that in the compensation period. Other than that I wanted to know what kind of compensation should I expect and in what form (rebate on the property or cash). I wanted a solution for 2 aspects. 1) Compensation 2) Terminate the contract. Your inputs are highly appreciated.
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Questions & Answers
UAE

How to get your labour rights in execution after obtaining a favourable judgment

Q: Hi, As per a Dubai court order on 04/01/21, the company has to pay me. Then the court has issued a letter on 04/03/21 to freeze the bank account and trade license because of denying the court order. Still, I did not get any good news. Please let me know When I will get my end of service and pending salary.
Questions & Answers
UAE

How to sue an employee for taking money from company and forging visa cancellation

Q: I run a company based out of Shams. Our employee took a loan from the company and refused to repay. He forged signatures to cancel his employment visa with us and moved to another company. We want to file a labour department complaint against him.
Questions & Answers
UAE

Termination of SPA due to the delays in delivery and getting refund

Q: I`ve signed a booking form only back in September 2016 for an off-plan project. As per the booking form, the expected completion date was Dec 2017. I paid until mid of 2017 30% of the value of the property, as 70% was set to be after the handover. The project is now recently completed in 2021. I have not signed any SPA and reservation agreements for the residential apartment. They did not give me reservation and SPA until the end of 2019. I requested a refund of my 30% payment back in Jan 2020 due to significant delays. Now, the handover started and I don`t want to pay the final handover instalment. I would like to ask if I can claim a refund and compensation based on the facts above.
Questions & Answers
UAE

How to evict a tenant for failing to pay rent since one year?

Q: I have a tenant living in my apartment. She has not paid me the rent for over 1 year. She pays small amounts into my account once in a while. The current outstanding is around AED 110,000. I want to evict her from my property. However, I don`t have any cheques from her as she used to always pay the rent directly in my account. What can I do?
Legal dictionary
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Passing off

A common law tort that prevents one person from misrepresenting his or her goods or services as being the goods or services of the claimant, and also prevents one person from holding out his or her goods or services as having some association or connection with the claimant when it is not true. A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of a trademark which is considered to be similar to another party’s registered or unregistered trademark, particularly where an action for trademark infringement based on a registered trademark is unlikely to be successful (due to the differences between the registered trademark and the unregistered trademark).
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Questions & Answers
UAE

Why a permanent administrative ban is issued?

Q: Hi, One of my relatives got a "permanent administrative ban" while entering the UAE. How can I find the reason?
Questions & Answers
UAE

Claiming money invested in properties in Ajman after the developer died

Q: Hello, I have a friend who invested 15 million dirhams in real estate projects in Ajman. The developer took the money and fled the UAE. The case has been in Ajman courts for 15 years and nothing had been done. The developer had recently died aboard. Can we sue his estate?
Questions & Answers
UAE

Removing a partner from a company in a Freezone and cancellation of his visa

Q: I have a company in Ajman Freezone. We are 2 investors (myself and a business partner). I wish to remove myself as an investor and cancel my visa. The trade license expired recently and there is a small outstanding amount to be cleared as well. How can I proceed with the cancellation of my visa?
Questions & Answers
UAE

Inability to get money back after receiving the final execution judgment

Q: I have 10 bounced cheques with me that I had received from a company for the supplies given to them. I had filed a civil case against the company here in Abu Dhabi. The judgment came in favor of me that I should get the amount and later went for execution also. I also received the judgment in my favor that I should receive the whole amount including court fees. After that, I put a travel ban, block in Muroor, bank, and an arrest warrant was applied also. As of now, the procedures had completed a year and a half back, and still, when I enquire in the court, they tell me that there is no money and ask me to enquire in the CID department. But several times I went to the CID department and they are telling me they are searching for the person. The person is a local Arab and I heard that he is still here in Abu Dhabi. Is there anyone who can help me out in this case?
Questions & Answers
UAE

Time frame for a final settlement of an end-of-service gratuity to be issued

Q: Hello Madam, Good Morning! How many days does it take for a final settlement of an end-of-service gratuity to be issued? I am told that it may take 30-45 days. What if we close the bank account and go back to our country?