What do I do in case a tenant has been served a Notice for Eviction and does not want to leave the property?
If a Notice for Eviction is legally served, the tenant has no choice but to leave the premises. If the tenant persists on staying in the premises, the landlord may a lodge a claim with the Rent Dispute Settlement Committee. Only after the landlord obtains a successful judgment against the tenant will he be able to evict the tenant from the property.
When it comes to signing a Sale & Purchase Agreement (SPA) between me and the Seller, should I provide a 10% guarantee cheque to the Seller of the Seller’s Agent?
The 10% guarantee cheque should be deposited with the Seller’s Agent until such time when the title deed is transferred. The cheque always goes out in the name of the Seller only.
I signed a SPA with the Seller and provided a bank guarantee cheque of 10% of the purchase amount. However, the Seller later decided not to effect the transfer of the title deed for whatever reason. Am I entitled to ask for compensation in addition to my deposit?
If you have stated a special condition in the SPA that compensation will be awarded in addition to the deposit, then you will be entitled to it. Otherwise, there will be no additional compensation provided.
I bought an off plan property from a developer and now the property is nearing handover. I would like to pay the remainder of the purchase amount and obtain title deed. How do I go about do it?
Your developer will call you in their offices to complete the balance of payment for the property. The developer will then give you a no objection certificate to obtain the title deed. You will then proceed to the Land Department and apply to get the title deed issued in your name.
I bought an unfinished property and the developer offered me a credit note towards the property. Is this legal?
Credit notes are legal but it is best to stay clear from them as their value is immediately diminished once they are obtained. You should seek the advice of a legal consultant should you decide to make such a transaction with the developer.
What should I be careful about before buying an off plan property from a developer?
The developer should be able to provide you with the following details of the project:
- The location of the real estate unit,
- The program for its completion and any known delays,
- The contractual date of completion and handover,
- The extent of the Common Areas and facilities within the Jointly Owned Property and the program for the completion of the Common Areas and facilities and any known delays,
- The Developer’s number and the Project’s number. You can check the Approved Developer List at http://www.dubailand.gov.ae/English/Real_Estate_Licenses/EngDevelopersList.aspx
- The escrow account’s number
Failure by the developer to provide the above details puts you in a serious risk should you decide to purchase the property.