Hamdan Al Shamsi Lawyers and Legal Consultants

26/05/2023

How to cancel an off-plan property contract and recover the paid amount?

The developer may delay the project for a period of 1 year as per the terms of the agreement and for 1 year with special approval from the Dubai Land Department.
In circumstances where no work has been started by the developer in the period of two years, the buyer may have the right to claim back the full amount paid against the property along with legal interest.
Whereby the developer fails to perform his obligation as per the agreed terms of the SPA or Art 246 (1) of UAE Civil Code, then the purchaser has two options:

To terminate the agreement.
To claim compensation for such delay.

Default of the Developer:

As per UAE Civil Law, the buyer can also terminate the contract if the developer fails to submit or deliver the property on time. However, if the buyer doubts that the estimated time of delivery of the property is not fixed, the buyer can claim compensation accordingly from the court. Moreover, the Force Majeure can also be one of the grounds for the cancellation and payment issue. Under Law 19 0f 2017, a buyer has the right to refer to courts or arbitration bodies in case he deems that the developer’s action to terminate the SPA was abusive or unjustified. To grant broader protection to buyers in off-plan projects, the Law has a valid retroactive effect, which is an exception from the Constitutional principle of non-retroactivity of laws. Consequently, Law 19 of 2017 can be seen as a progressive tool for safeguarding the off-plan sale and purchase market in the UAE. The transactions benefit from predictability, transparency, and the Law allows developers to secure their projects cash flow without needing to recourse to litigation. This development is expected to bring more certainty and stability for the completion deadlines of real estate projects. It is interesting to note that, as per the new Law, developers will be prohibited from collecting registration fees from investors; instead, they will be allowed to take administrative fees, which are approved by the Dubai Municipal Authority.

21/04/2023

As the end of the sacred month of Ramadan is approaching and everyone is looking forward to celebrating EID, we, the HAS Team would like to wish everyone a blessed EID. May Allah’s blessings be with you today, tomorrow, and always.

09/01/2023

Recently a lot of buzz around the many new laws which are coming into effect in 2023 in the UAE. One of them is the Corporate Tax and its implications. Read this article to know all about the Corporate Tax Law.

Introduction to Corporate Tax in the United Arab Emirates

06/01/2023

Have you registered for your unemployment insurance scheme? Read this summary what you need to know about it all. It's easy enough to register.

The compensation amount is calculated on a monthly basis at the rate of sixty (60) per cent of the basic salary.

29/12/2022

Wishing all a very successful 2023 and we would like to thank you for all your trust in us.

We look forward to working with you in 2023.

03/11/2022

Thank you Gulfnews for the opportunity to interview our team on various topic. Read the interviews with Hamdan Al Shamsi, Mohamed Nour and Robert Whitehead.

221031_LEGAL CONSULTANTS

20/09/2022

Great morning talk show on Talk100.3 Radioa bout Cybercrimes with our one and only Mohamed Nour

14/09/2022

Our Client Affairs Manager Ranya Makkii talks about why she likes working with us. Ranya is a great individual and we love having her in our team. She is our link between our clients and lawyers so her role is crucial in the client journey.
Watch her quick interview here. https://lnkd.in/d-dP64Mu

Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube.

13/09/2022

Great morning in the radio Talk 100.3 with our corporate lawyer (Head of Corporate) and Partner of HAS Ahmad Al- Khalil talking about all things employment.

06/09/2022

Here we go. Listen to our new Legal Talk show on Tuesdays on Talk 100.3 radio.