- By: Ayaz
- Jan 14
- Comments (0)
Real Estate Litigation in UAE
The real estate market in the UAE is lucrative enough to attract the attention of investors and property buyers from all over the world. However, there is also a possibility for people involved in a property transaction to experience certain disputes.
Whether you are a developer, property landlord, or an owner, solving legal conflicts will require litigation services in UAE!
Litigation comes to the scene when both involved parties can’t come to an agreement. Beyond that, any court cases associated with property ownership, construction, and monetary transactions can also be addressed through real estate litigation.
As UAE is booming with extraordinary residential & commercial projects, there’s a steep rise in the number of property investments and transactions, which also increases the rate of real estate disputes in UAE
If you are experiencing any kind of legal conflict associated with your property investments, hiring the best lawyers in Dubai can help you attain litigation.
However, if you are planning a fresh investment in UAE real estate market, it is important that you learn about the common reasons behind real estate litigations in the UAE, and their associated solutions before that.
Common Reasons for Real Estate Litigation in UAE
Some of the most common reasons for real estate litigation in UAE include:
1. Breach of Contract
Just like any usual business, the real estate dealings and agreement terms are all specified and documented in legally binding contracts. Such contracts highlight all the conditions that both parties agreed upon while making the property transaction.
If either party breaches the contract, it becomes a common reason for real estate litigation. For instance, a property developer might violate the contract condition by not finishing the project on time, which might then lead to legal issues.
Solution:
Any kind of contractual dispute is often resolved outside the court with mediation or negotiation. If that fails, you must then hire litigation law consultants in Dubai to take up your case and protect your interests in the process.
At RH and HALE, we help you with property dispute resolution in UAE, both outside and before the court. Our team of legal experts is proficient in arbitration, reconciliation, mediation, and negotiation services for tackling your real estate disputes outside court.
In case that fails, our lawyers will then help you register a case before the legal bodies in UAE, and work towards winning it.
2. Title Disputes
Title disputes in property transactions also give rise to serious real estate legal disputes in UAE. For instance, any kind of disagreement between two parties on who is the legal owner of a property can give rise to such title conflicts.
In some cases, a property in UAE can be owned by multiple people, which must be specified clearly in the contracts as well as the title deed. However, there can be situations within family members or relatives that can be a subject of title dispute.
Solution:
Partner with one of the best law firms in Dubai to appoint a legal team for a thorough analysis of all the property documents, which is important for settling the title issues. At times, negotiation, mediation, or arbitration can be used for settling title deed disputes.
If both parties don’t come to an agreement outside the court, a lawsuit can be filed by one of them. Availing of real estate legal services in the UAE guarantees sophistication and a client-centric approach, ensuring complete support throughout the lawsuit process.
3. Property Disputes
It is one of the most common reasons for real estate litigation in UAE, which occurs for several reasons such as:
- Unauthorized property usage.
- Non-payment of rent.
- Ownership disagreement
- Lease agreement breaches, etc.
For instance, if a landlord tries to evict a tenant on unjustified grounds, the latter can then file a lawsuit seeking compensation and legal action.
Solution:
You can take the help of a property litigation lawyer in UAE to address your dispute case and provide you with available options for you. Your lawyer might suggest negotiations at the start to overcome minor disputes and encourage a quick settlement outside the court.
However, extreme measures can be taken if either party fails to come to a mutually agreeable decision.
4. Negligence or Duty Breach
A real estate broker or agent can be held responsible for a duty violation or negligence. All the brokers operating in the UAE must legally operate in the best interests of their customers. Moreover, the agents or brokers must also keep their clients’ details a secret.
Some issues of duty breach or negligence that might be a reason for real estate litigation include:
- Not disclosing a property flaw prior to selling it.
- Leaking customer information to other agencies or parties.
- Careless mistakes that cost money for the customers.
- Charging commission beyond the decided percentage.
Solution:
A property buyer or investor has the legal right to sue the real estate broker or the entire agency for their negligence in service. Hiring a real estate lawyer in Dubai will give clients leverage over the other party, increasing the overall winning probability.
Parting Words
The real estate litigation process in UAE can be complicated and strenuous for property owners, landlords, developers, and tenants. Therefore, partnering with one of the best law firms in Abu Dhabi, Dubai, or other Emirates can be a winning move for you to deal with your property litigation in UAE, and RH and HALE is the right pick for you!
At RH and HALE, we offer a comprehensive suite of real estate legal services in UAE. Starting from legal advisory on buying a property in the country, to resolving disputes either through out-of-court negotiation or presenting the case before the judiciary authorities.
If you want to know more about real estate litigation in UAE and how our services can help protect your interests throughout the case, feel free to contact us!
FAQ
How much time will it take for me to get an NOC in UAE?
The developer NOC in UAE is often issued and provided to the buyers within three to five days, excluding weekends and public holidays, only after all the property dues are cleared and the documents are verified to be accurate. In case of any complexity, the NOC must be applied again once all the litigations, legal hurdles, and objections are solved, which will take more time.
Who is liable to apply for an NOC: property seller or buyer?
This might be a confusion for a lot of new real estate investors, buyers, or sellers in the UAE! For a better understanding, the owner of a property, at present, is liable to apply NOC from the developer before transferring the ownership.
Can I apply for an NOC if a property is still mortgaged with a UAE bank or financial authority?
Yes, one can apply for an NOC even if the property is mortgaged. However, for the NOC to be issued by the relevant authority, the bank must provide its own no-objection letter stating that the mortgage payments are cleared, and the property can now be transferred without any loan obligations.
Can a property be transferred in the UAE without an NOC?
No, DLD, ADREC, and other authorities in the UAE won’t be processing property transfers without valid NOCs from the developer.


