EACH ADULT PERSON KNOWS THAT ALL DISPUTED OR CONFLICT SITUATIONS THAT WERE NOT ABLE TO RESOLVE BY PEACEFUL ACCORDING TO A MUTUAL AGREEMENT OF THE PARTIES, ARE DISCUSSED IN JUDICIAL INSTITUTIONS. TODAY ISA LAWYER ISA BIN HEIDER, FOUNDER AND HEAD OF BIN HAIDER ADVOCATES AND LEGAL CONSULTANTS, WILL RESPOND ANSWERS TO MOST FREQUENTLY ASKED QUESTIONS FROM ITS LEGAL PRACTICE.
The lawyer, Isa Bin Hyder, founder and head of Bin Haider Advocates and Legal Consultants, continues to acquaint our readers with the most important areas of life in the UAE that he encounters in his daily legal practice.
Whose competence is higher - real estate committee or court?
Question. I am a citizen of America, and once having visited Dubai, I fell in love with this city and decided to live here the rest of my life. In this regard, in 2007 I reserved for myself residential real estate in one of the new districts of the city where foreigners were allowed to buy it, and paid it in advance in full with three installment payments. However, the developer company has not yet built the building I have chosen, and I turned to lawyers and lawyers for help, who said that my controversial issue could be resolved in a special real estate legal committee established in the emirate of Dubai. It's true? Will this committee help me defend my rights?
Answer. You have the right to bring a case or file a claim demanding that the terms of your contract / contract be met with a fine for delaying construction before the intervention of the Dubai Court is required, or a lawsuit to terminate your contract / contract with the developer, subject to prior signing by her of an additional agreement on the amount of monetary compensation, as stipulated in Decree No. 30 of 2007. (declaring the formation of a legal committee to resolve disputes in the field of real estate in those areas where the ownership of property is allowed to foreign citizens), the action of which was canceled by Decree No. 28 of 2008, in Article II of which it is indicated that these disputes and conflicts should be resolved in competent authorities before the intervention of Dubai courts.
This decision of Sheikh Mohammed bin Rashid Al Maktoum, the Vice President, Prime Minister of the UAE and the ruler of Dubai, put everything in its place, explaining to the parties involved that all conflict situations should be resolved without the intervention of judges, taking into account the fact that Dubai is operating independent judiciary, and judges are immune, so no other body can influence their fair decision.
What is property registration?
Question. I am a citizen of Canada. Arriving in Dubai, I was struck by the scale of construction in this emirate. I decided to buy real estate here, and after thoroughly studying the market, I managed to reserve the island in the project for the construction of the man-made archipelago "The World" (The World). After I paid half the cost of this property by installments, I was shocked to find myself in the Dubai Land Department six months later and find out that the developer did not register the property I purchased in the land registry. In this regard, my purchase was not duly legalized, despite the fact that construction continues in accordance with all schedules, and was not suspended even in the conditions of the global financial crisis. What should I do?
Answer. Law No. 13 of 2008, supplemented by Law No. 9 of 2009. and amendments to it dated 02/14/2010 relating to the organization of regulation of the real estate market in the emirate of Dubai, as stipulated in its Article No. 3 / A, oblige real estate developers to register the sold real estate units indicated in the master plan, and also emphasize that any sales and other legal transactions related to the transfer of ownership are null and void if this property is not registered with the authorities regulating the activity of the real estate market in Dubai.
On the other hand, the judges of the Dubai Court of Cassation will not cancel such property if the developer has registered it before the completion of the construction, which he continues to carry out; instead, he is obliged, having received the certificate of completion of construction with the competent authorities, to register his project as completed at the Real Estate Market Regulatory Agency of the Dubai Land Department, together with the names of those property owners who have fulfilled all their contractual obligations. Thus, those who have lost their money cannot have concerns if the company continues construction in accordance with the approved schedule and registers the project immediately upon completion of construction in the Dubai Land Department, together with the names of buyers who fulfilled all their obligations under the purchase agreements -sales.
What to do with returned checks?
Question. I am one of the leaders of a construction company, and we are dealing with subcontracting organizations that perform certain types of work for us, for which we issued them checks for payment. Despite the fact that we continue to build the facility, we have some difficulties with cash receipts due to late payments by real estate buyers in our project. The shocking news for me was that some of our subcontractors sued me in Dubai police. What should I do?
Answer. In connection with the global financial crisis that has somehow affected Dubai, prudent leader Sheikh Mohammed bin Rashid Al Maktoum, vice president, prime minister of the UAE and ruler of Dubai, issued a decree for Dubai prosecutors not to open criminal cases on return checks in the court for administrative offenses, and send them to the committee formed by his highness to pay and settle debts, as well as to reconcile the parties involved, since they are not the root cause of the conflict. Thus, each side can now defend its rights, in addition, all citizens of the country and all newly arrived expatriates can fully enjoy the well-being, security and peace of the United Arab Emirates, thriving under the wise leadership of President Sheikh Khalifa bin Zayed Al Nahyan and Vice President , the UAE Prime Minister and the ruler of Dubai, Sheikh Mohammed bin Rashid Al Maktoum, as well as the rulers of other emirates.
