I bought a property from a developer in Dubai in 2018. As per the sales and purchase agreement, the property’s handover date was December 2019.
On the date of handover, the developer asked me to pay the Oqood registration charge over and above all the payments I had made so far. I paid this fee on time.
However, the developer has neither registered the Oqood nor handed over the property to date. According to the Dubai Land Department website, the project is still active and shows a completion status of 55 per cent.
When I call the developer for updates, they claim the property will be handed over in three months, but there has been no progress since January 2020. They are only giving me false promises.
How can I withdraw my money from the developer and invest it in a ready apartment instead? OG, Dubai
When it comes to buying off-plan properties, it is quite common for developers to delay handing over a unit from the expected completion date.
Under normal circumstances, the law allows for a 12-month extension beyond the handover date cited in the SPA. In your case, this has been exceeded, although by a few months only.
I suspect that the developer will try to justify the construction delay by citing a force majeure clause due to the onset of the Covid-19 pandemic last year.
It will not be easy to cancel your sales contract and reclaim the money invested. There have been instances both in the past and now where developers will do everything possible to show that their project is progressing (although delayed by many years) because the DLD website shows it to be active.
Taking legal action against the developer will be a lengthy and costly process with no real guarantee of success, especially if the DLD shows that the project is still live despite the slow progress.
The developer will try to justify the construction delay by citing a force majeure clause due to the onset of the Covid-19 pandemic last year
Mario Volpi,
sales and leasing manager, Engel & Volkers
Notwithstanding this, you are legally entitled to cancel the contract if the developer has not fulfilled their part as outlined in the SPA. You should thoroughly check the developer’s obligations in the SPA before deciding to file a case.
Communication is important as nobody wants to take anyone to court. It’s vital to initially engage in dialogue before taking further action.
We are a group of residents in a building in Dubai that is owned by a real estate company.
We are suffering from a few problems. Firstly, our building is infested with cockroaches. Also, the management introduces rules with no prior notice. For instance, they rolled out a new rule last week that building's parking will be rented out for Dh4,000 per slot annually.
In another issue, real estate agents are not responding to tenants whose rent contracts are set to expire. Once the contracts expire, tenants are being asked to vacate the property.
Also, the management is renewing contracts at higher rents without serving due notice to the tenant. They are being notified of the rent hike only 15 days before the lease expires.
Is this legal and what can we do? KA, Dubai
The law is clear on the relationship between tenants and landlords. From the way you describe what is happening in your building, it seems to go against the law.
Increases in rent are allowed only if the Real Estate Regulatory Agency’s rental price calculator confirms it. The landlord is then required to serve a 90-day notice to the tenant before the contract's expiry date.
Another point to note is that a rental contract automatically renews under the same terms and conditions as earlier, unless otherwise agreed by both parties. So if no communication takes place, no changes can be made to the rent contract.
I would advise you to file a case at the Rental Dispute Settlement Committee in Dubai. You will need to pay 3.5 per cent of the rental amount to file a case.
Here, you will be able to state all the instances where the landlord has not followed the law with reference to the arbitrary rental increase or any changes to the contract that are not legal.
Mario Volpi is the sales and leasing manager at Engel & Volkers. He has worked in the property sector for more than 35 years in London and Dubai. The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to mario.volpi@engelvoelkers.com
The specs
Engine: 2.0-litre 4cyl turbo
Power: 261hp at 5,500rpm
Torque: 405Nm at 1,750-3,500rpm
Transmission: 9-speed auto
Fuel consumption: 6.9L/100km
On sale: Now
Price: From Dh117,059
UAE currency: the story behind the money in your pockets
UAE currency: the story behind the money in your pockets
The%20specs
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The specs: 2018 BMW R nineT Scrambler
Price, base / as tested Dh57,000
Engine 1,170cc air/oil-cooled flat twin four-stroke engine
Transmission Six-speed gearbox
Power 110hp) @ 7,750rpm
Torque 116Nm @ 6,000rpm
Fuel economy, combined 5.3L / 100km
ADCC AFC Women’s Champions League Group A fixtures
October 3: v Wuhan Jiangda Women’s FC
October 6: v Hyundai Steel Red Angels Women’s FC
October 9: v Sabah FA
Race card
1.30pm: Handicap (PA) Dh 50,000 (Dirt) 1,400m
2pm: Handicap (TB) Dh 84,000 (D) 1,400m
2.30pm: Maiden (TB) Dh 60,000 (D) 1,200m
3pm: Conditions (TB) Dh 100,000 (D) 1.950m
3.30pm: Handicap (TB) Dh 76,000 (D) 1,800m
4pm: Maiden (TB) Dh 60,000 (D) 1,600m
4.30pm: Handicap (TB) Dh 68,000 (D) 1,000m
Volvo ES90 Specs
Engine: Electric single motor (96kW), twin motor (106kW) and twin motor performance (106kW)
Power: 333hp, 449hp, 680hp
Torque: 480Nm, 670Nm, 870Nm
On sale: Later in 2025 or early 2026, depending on region
Price: Exact regional pricing TBA
Dirham Stretcher tips for having a baby in the UAE
Selma Abdelhamid, the group's moderator, offers her guide to guide the cost of having a young family:
• Buy second hand stuff
They grow so fast. Don't get a second hand car seat though, unless you 100 per cent know it's not expired and hasn't been in an accident.
• Get a health card and vaccinate your child for free at government health centres
Ms Ma says she discovered this after spending thousands on vaccinations at private clinics.
• Join mum and baby coffee mornings provided by clinics, babysitting companies or nurseries.
Before joining baby classes ask for a free trial session. This way you will know if it's for you or not. You'll be surprised how great some classes are and how bad others are.
• Once baby is ready for solids, cook at home
Take the food with you in reusable pouches or jars. You'll save a fortune and you'll know exactly what you're feeding your child.
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RESULT
Bournemouth 0 Southampton 3 (Djenepo (37', Redmond 45' 1, 59')
Man of the match Nathan Redmond (Southampton)
If you go
Flight connections to Ulaanbaatar are available through a variety of hubs, including Seoul and Beijing, with airlines including Mongolian Airlines and Korean Air. While some nationalities, such as Americans, don’t need a tourist visa for Mongolia, others, including UAE citizens, can obtain a visa on arrival, while others including UK citizens, need to obtain a visa in advance. Contact the Mongolian Embassy in the UAE for more information.
Nomadic Road offers expedition-style trips to Mongolia in January and August, and other destinations during most other months. Its nine-day August 2020 Mongolia trip will cost from $5,250 per person based on two sharing, including airport transfers, two nights’ hotel accommodation in Ulaanbaatar, vehicle rental, fuel, third party vehicle liability insurance, the services of a guide and support team, accommodation, food and entrance fees; nomadicroad.com
A fully guided three-day, two-night itinerary at Three Camel Lodge costs from $2,420 per person based on two sharing, including airport transfers, accommodation, meals and excursions including the Yol Valley and Flaming Cliffs. A return internal flight from Ulaanbaatar to Dalanzadgad costs $300 per person and the flight takes 90 minutes each way; threecamellodge.com
THE BIO
Family: I have three siblings, one older brother (age 25) and two younger sisters, 20 and 13
Favourite book: Asking for my favourite book has to be one of the hardest questions. However a current favourite would be Sidewalk by Mitchell Duneier
Favourite place to travel to: Any walkable city. I also love nature and wildlife
What do you love eating or cooking: I’m constantly in the kitchen. Ever since I changed the way I eat I enjoy choosing and creating what goes into my body. However, nothing can top home cooked food from my parents.
Favorite place to go in the UAE: A quiet beach.
The biog
Favourite food: Tabbouleh, greek salad and sushi
Favourite TV show: That 70s Show
Favourite animal: Ferrets, they are smart, sensitive, playful and loving
Favourite holiday destination: Seychelles, my resolution for 2020 is to visit as many spiritual retreats and animal shelters across the world as I can
Name of first pet: Eddy, a Persian cat that showed up at our home
Favourite dog breed: I love them all - if I had to pick Yorkshire terrier for small dogs and St Bernard's for big
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Juvenile arthritis
Along with doctors, families and teachers can help pick up cases of arthritis in children.
Most types of childhood arthritis are known as juvenile idiopathic arthritis. JIA causes pain and inflammation in one or more joints for at least six weeks.
Dr Betina Rogalski said "The younger the child the more difficult it into pick up the symptoms. If the child is small, it may just be a bit grumpy or pull its leg a way or not feel like walking,” she said.
According to The National Institute of Arthritis and Musculoskeletal and Skin Diseases in US, the most common symptoms of juvenile arthritis are joint swelling, pain, and stiffness that doesn’t go away. Usually it affects the knees, hands, and feet, and it’s worse in the morning or after a nap.
Limping in the morning because of a stiff knee, excessive clumsiness, having a high fever and skin rash are other symptoms. Children may also have swelling in lymph nodes in the neck and other parts of the body.
Arthritis in children can cause eye inflammation and growth problems and can cause bones and joints to grow unevenly.
In the UK, about 15,000 children and young people are affected by arthritis.
MATCH INFO
Uefa Champions League, semi-final result:
Liverpool 4-0 Barcelona
Liverpool win 4-3 on aggregate
Champions Legaue final: June 1, Madrid
Honeymoonish
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