Off-Plan Property Advice
Off-Plan Real Estate Legal Advisory
The off-plan properties in Dubai and other parts of UAE are considered lucrative investment opportunities among global real estate investors, mostly because of their low entry costs, flexible payment plans, early access, and more. However, as rewarding as this investment might sound, there are some potential risks for buyers to address.
Risks like poor developer performance, registration delays, and improper escrow management can disrupt the purpose of your investment and lead to financial loss. At RH and HALE, we have a team of sophisticated lawyers in Dubai to help you with adequate legal solutions for navigating your off-plan property investment challenges in the UAE.
All forms of off-plan property disputes in Dubai are addressed under our expertise. We understand that incorrect handling of such cases might result in loss of investor capital and prolonged litigation. Therefore, our lawyers make sure your rights and interests are protected throughout the off-plan property dispute resolution process.
Free Consulting
Schedule a free consultation to discuss your legal matter with an experienced attorney. We’ll review your situation, explain your options, and help you understand the best path forward at no cost and no obligation.
Our Off-Plan Property Dispute Resolution Services
Drafting and Reviewing SPA
We have the proficiency to draft & review the SPAs for all off-plan investments in the UAE. This way, we ensure that the agreement includes all provisions for handover timelines, registrations, financial security, and other such clauses for the investor.
Off-Plan Property Dispute Resolution
In case of property handover delays or cancellation of the project, we will be representing the investors’ case, either through arbitration, mediation, or litigation. Our team of law consultants in Dubai will help investors recover their funds, seek compensation, or both.
Developer Compliance Assessment
Our legal team will be evaluating the developer’s licensing, escrow compliance, and RERA registration, guaranteeing protection of investors’ rights in an off-plan property transaction. Furthermore, we will also be pinpointing the signs of legal or financial risk in the project at the earliest.
Monitoring of Escrow Accounts
As part of our legal evaluation for your off-plan property investment, we will be verifying if your payments are deposited in the respective escrow accounts, regulated by DLD. This way, we can ensure that your funds are being utilized safely and lawfully.
Title Deed Registration and Property Handover Support
Upon resolving the off-plan property disputes, our real estate lawyer in Dubai will further assist you with a seamless handover from the developer and the legal procedures for registering the property in your name, while abiding by the UAE law and regulations.
Legal Case Filing
At RH and HALE, we will be assisting you even if the case escalates and legal action becomes necessary. Our lawyers will be filing a formal complaint with DLD or RERA, requesting an investigation of your off-plan property investment dispute. Following that, we can also take the matter to court and seek termination of the contract as the ultimate outcome and claim a refund or compensation.
Off-Plan Property Disputes: UAE Legal Framework & Rights
Legal Framework:
Dubai Law No.13/2008
This is the Interim Property Registration Law that legally mandates the registration of all off-plan properties in Dubai. Thus, it ensures complete buyer protection through official mentions in the SPA.
Dubai Law No.8/2007
All the payments received against an off-plan property investment must be deposited in the DLD-regulated escrow accounts, which eventually shield the buyers’ investment from developers’ insolvency.
Federal Law No.5/1985
As part of the UAE Civil Code, this law establishes the standard contract principles for developers and investors of off-plan properties. Following that, it specifies the legal remedies in case of contract breach in off-plan property transactions.
RERA Regulations
RERA is lawfully mandated to oversee the registration of off-plan properties, escrow account compliance, and timely handover of the project, ensuring protection of investors’ rights.
Buyer Rights:
Terminate Sale Agreement and Seek Refund
In case of any off-plan property dispute, the buyer or investor has the right to seek termination of the agreement and seek a refund of all deposits and compensation for financial damages.
Timely Registration of their Off-Plan Property
As part of the contract, a buyer can seek a timely handover of the off-plan property, followed by title deed registration. Failing which, the developer might have to face legal hassles.
Initiate Legal Remedies
In case of developer insolvency or other setbacks associated with off-plan property investments, buyers can seek the help of real estate legal services in UAE. Lawyers can help buyers with arbitration, mediation, and litigation processes to address disputes.
Professional Legal Approach to Off-Plan Property Disputes in UAE
Being one of the best law firms in Abu Dhabi, Dubai, Sharjah, and other Emirates in the UAE, RH and HALE is top real estate lawyers to solve almost all real estate dispute cases. The best thing about us is our sophisticated and straightforward approach to every case, including off-plan property disputes.
Our method of approach for your off-plan property case will be:
Reviewing the SPA
Our lawyers will primarily review the SPA to determine the potential clauses specified in the buyer’s favor upon refunds, handover delays, contract termination, and others. We will be analyzing these clauses professionally to help strengthen your case.
Verifying the Escrow Compliance
We will then be confirming if all your payments towards the off-plan property are deposited securely in the DLD-regulated escrow accounts. In case of any escrow violation, our lawyers will strengthen your legal position for the claims.
File Formal Complaint with DLD and RERA
Before moving with court proceedings, we will be trying administrative remedies through formal complaints with RERA and DLD. As part of the process, we will seek a thorough investigation, developer restrictions, and claim support.
Strategic Arbitration and Mediation
Before taking the matter to court, our team of lawyers in Dubai will be initiating negotiations with the developer through arbitration or mediation. These are alternative dispute settlement approaches outside the court, which, if they fail, can indicate legal action.
Litigation in the Court
If your off-plan property dispute case escalates, our lawyer will be presenting you before the court and will protect your interests at all costs. We will be collecting documents and evidence to strengthen your case against the developer’s insolvency and get you the deserved refund or damage compensation.
Help You Avoid Informal or Emotional Pitfalls
In order to suppress the legal stress, developers might offer buyers revised payment plans or new delivery promises with added benefits. However, you must not accept those offers without legal supervision, as that might waive off your rights permanently.
Why Choose RH and HALE?
RH and HALE are one of the best law firms in Dubai, Abu Dhabi, Sharjah, and other Emirates in the UAE. In decades of us being in the industry, we have helped numerous clients to overcome their off-plan property investment hurdles.
Profound Expertise
For more than 40 years in service, RH and HALE has built its reputation in the UAE for being a reliable and trustworthy real estate legal service provider.
All-Rounder Support
We try to mitigate the cases with the least inconvenience possible, especially by encouraging arbitration and reconciliation. However, if the outside-the-court settlement fails, we can help your case with full-fledged representation before the court.
100% Transparency
We believe in building a relationship of transparency with our clients, especially with serious cases like off-plan property investment disputes. Our lawyers will keep you updated about every step in the dispute resolution process.
Awareness of UAE Law
We are well-versed with the evolving UAE real estate law, and will make sure your off-plan property dispute case is strongly presented under those strict regulations, guaranteeing recovery of funds and compensation for added damages.
FAQs – Arbitration & Reconciliation in UAE
How much time does it take for the arbitration process to complete?
There are a lot of factors that affect the overall duration it takes to complete an arbitration process, including:
- Complexity of your case.
- Effectiveness of the arbitration procedure.
- Expertise of lawyers.
On average, you can expect an arbitration process to last for a few months to up to a year in UAE. However, this is a faster process when compared to the jurisdictional formalities.
Will the arbitration outcome be legally binded?
Yes, the settlement decision will be approved by the chosen arbitrators, which will be considered legally binded and enforceable in court, as per UAE law. It means both parties are legally obliged to comply with the settlement decision.
How are arbitration and reconciliation different?
In case of arbitration, we will help you appoint third-party arbitrators to listen to the arguments of both parties. A decision will be passed by the arbitrators, which will be considered valid in the court. On the other hand, reconciliation is the process where our lawyers will act as mediators to assist direct negotiation and communication among involved parties and help them come to a mutually agreed settlement decision.
How much will it cost to avail of your arbitration and reconciliation services?
Our legal fees are reasonable and competitive in the market, but will vary depending on the case complexity. Apart from that, there will be other payable fees that might vary depending on the UAE arbitration institution, such as registration fees, administrative fees, and tribunal fees. In case of reconciliation, the overall cost you have to pay is for hiring our lawyers, registering the case, and settlement expenses. All of these costs, when brought together, are still inexpensive when compared to standard litigation methods.