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bounced cheque in dubai uae

NEW REGULATIONS FOR BOUNCE CHEQUES UNDER UAE LAW

BOUNCED CHEQUES LAW IN UAE | CHEQUES REGULATIONS IN UAE | BOUNCED CHEQUE CASE IN DUBAI UAE

A common predicament faced in the business realm is the risk of possessing dishonored cheques. For this reason, in order to protect and provide remedy against this act, UAE Federal Penal Code imposed criminal sanctions on those persons drawing bounced cheques. On Article 401 of Federal Law No. 3 of 1987 imposes penalty by way of fine or imprisonment – for an amount of not less that AED 1,000 and not more than AED 300,000 imprisonment of not less than one more and not more than three years may be decreed by the court, as the case may be.

Therefore, it is always been resorted to and have been a practical legal means for creditors to file a criminal complaint for the bounced cheque along with a civil case for recovery of the amount disputed for collection. And since it has been a common practice, this criminal courts dockets are heavily congested and clogged as a result. And in order to ease and strive to reduce the burden from police, public prosecutors and criminal courts and to tighten the gravity of the penalties in low value claims, UAE legislators have introduced and amended the provisions of the bounce cheque laws providing a speedy resolution by introducing “ONE DAY COURT” and revised the circumstances on the imprisonment aspect of bounced cheque.

ONE DAY COURT – this new system allows resolution of minor bounced cheque cases to be determined and decision to be issued within 24 hours.  This is an effective way pf facilitating UAE judicial system for speedy determination of minor cases and to strengthen la laws of UAE for misdemeanor. Courts in the Emirates of ABU DHABI, DUBAI and RAS AL KHAIMA have been established successfully resolving minor bounced cheque cases.

On the other hand, the new law allows the criminal courts to impose only fine on simple crimes without imprisonment. To challenge the order of the court, objections may be filed within 7 days and this matter will be dealt with by the criminal court in the normal procedures as applicable. “SIMPLE CRIME” is categorized as per the cheque value of AED 200,000 or less and a fine of not exceeding AED 5,000 to AED 10,000 will be imposed. Cases for the aforesaid cheque value can be sentence by the Dubai Public Prosecution directly without any need of court procedure, however, the imposition shall be for a fine only and cannot exceed AED 5,000 to AED 10,000 as the case may be.

If you are looking to recover value of a bounced cheque with the help of debt collection lawyer? Our team of AL REYAMI ADVOCATES & MUHYEALDEEN INTERNATIONAL LEGAL CONSULTANTS can help you deal with all the cases concerning bounced cheques. For further consultation and legal assistance CONTACT US.

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delayed handover dubai projects

UAE INVESTORS LEGAL REMEDIES FOR PROPERTY HANDOVER DELAYS

Property Handover Delay in Dubai | Cancelled Projects in UAE

Investors and builders in Real Estate sector are commonly hurdled by issues pertaining to the timely hand over of the property. This kind of dispute often causes enormous financial loss from investor’s pocket. Therefore, UAE legislators implemented laws to protect the claims of the investors who opt to deal with properties in off plan cases. However, several / difference legal options available for handover delays would mainly depend upon the terms and conditions mentioned in the contract.

Take for example, if the main reason of delay is within the context of force majeure (clause in the contract exonerating liability for unavoidable circumstances, such as catastrophes), then the purchaser will be unable to terminate the contract nor claim compensation for delay from the contractor/developer.

However, if the main cause of delay is imputed primarily due to the failure of the contractor/developer to perform its obligations set out in the contract resulting to breach thereof, then the purchaser may resort to the following legal remedies:

  • Termination of the agreement
  • Claim compensation for such delay (this must be expressly stipulated in the signed agreement between the parties and the purchaser must prove that the delay has caused substantial losses which is detrimental to the purchaser). Pursuant to UAE law, purchaser can claim compensation for the following: (i) Interest; (ii) Deposit; (iii) Legal and Agent fees; and (iv) any other amount accrued as determined and proved.

The above-mentioned legal remedies can be done by filing a claim in Dubai courts for litigation or if the parties have agreed in the contract for alternative dispute resolution, an arbitration case can be filed. Decision decreed in both the resolving avenues will be binding on all the parties related to the dispute.

In some instances, investors can also inquire with the Real Estate Regulatory Authority for delayed projects and cancelled project before the committee if the property is cancelled by RERA. Thus, Judicial Committee for liquidation has exclusive jurisdiction over any dispute related to cancelled projects and no other court or arbitration proceedings are permitted to decide on any stalled projects. Investors have the right to lodge their claims directly to the Judicial Committee in this regard.

Hence, before filing any legal case or seeking any settlement, it is very important to first review the terms and conditions of the signed contract between the parties. It is also noteworthy to check whether the property is registered with DLD and approved by RERA. Conducting a due diligence prior to lodging a claim will greatly be an advantage towards the investor in getting the aid needed and resort to the best remedy to protect its rights and interest.

If you are facing issued of property handover delays, legal opinion and assistance from experts will be indispensable. We at Al Reyami Advocates & Muhyealdeen International Legal Consultants has expert property lawyers in Dubai that can help you review and revisit the contract and provide you our legal opinion and assist you properly in enforcing your legal rights and remedies provided under the laws of United Arab Emirates. You may contact us for further information and consultation.

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Company Restructuring Law in Dubai UAE

RESTRUCTURING PROCESS IN UAE

RESTRUCTURING PROCESS IN UAE | LEGAL GUIDE FOR CORPORATE

Corporate restructuring process is a legal means resorted to by companies to significantly modify the operational aspects of the company. This could include financial, technical or organizational changes aimed to correct any operational issues that could led to company’s distressed. Restructuring process is complex process and solutions must be thoroughly tailored enlisting appropriate guidelines to ensure that specific needs and objectives of the company are addressed fully.

UAE Federal Law governing bankruptcy, restructuring and insolvency are embodied primarily under the following legal framework and legislations: a
• Federal Law No. 18 of 1993 (the “Commercial Code”)
• Federal Law No. 2 of 2015 (the “Companies Law”)
• Federal Law No. 5 of 1985 (the “Civil Code”)
• Federal Law No. 3 of 1987 (the “Penal Code”)
• Federal Law No. 11 of 1992 (the “Civil Procedures Law”)
• Federal Law No. 10 of 1980 (related provisions concerning bank liquidation and other financial institutions)

Corporate restructuring process often resorted to could be:

BANKRUPTCY PROCEEDING
• Filing of bankruptcy before the court
• Court will appoint expert to determine the veracity of the petition filed
• If the court is satisfied that bankruptcy is an appropriate measure, then the court will adjudicate an order and appoint a trustee to administer the proceeding
• Bankruptcy order will be made available to the Ministry of Economic and relevant Commercial Register and UAE Central Bank
• Bankruptcy adjudication summary will be published is daily newspapers as specified by the court, this must include invitation to the company creditors to have their debts recorded in the bankruptcy and creditors must subsequently submit a statement setting out their claims against the petitioner.
• Trustee will then deposit with the court a document listing all the company’s creditors and their claims including the securities held against those claims
• The court will then issue statement setting forth the claims of creditors which have been accepted and the court rules on objections.

LIQUIDATION PROCEEDING (WINDING-UP OF THE BUSINESS)
Under UAE Law, liquidation and dissolution of company is a process of bringing a business to an end. This is a tedious process as this involves liquidating the shares and assets, collecting debts and paying the creditors’ or discharging liabilities towards creditors. A Company may be dissolved on any of the following grounds:
• Depletion of company’s assets which renders the remaining assets of the company unbeneficial
• Expiry of the term of the company as specified in its constitutional documents
• Fulfillment of the company’s objectives as stated in its memorandum of association
• Amalgamation of the company
• Shareholders decision as set out in the company’s memorandum of association

Initial step in liquidation proceeding must be initiated by publicly declaring it through registration in the Commercial Register and publication in two local daily Arabic newspapers.

Subsequently, a liquidator will be appointment (could be by shareholder’s decision or by court order) primarily to ascertain the company’s assets and liabilities. This will in effect vest all the company’s board power in the liquidator, this includes the ability to commence or defend legal claims and to take steps necessary for the protection and preservation of the company’s assets.

Liquidator will notify all known creditors to submit their claims and for unknown creditors, notice will be made by publication in two local daily Arabic newspapers. Creditors are given 45 days from notice to present a claim or any debt disputed.

Company assets will be liquidated accordingly (payment of creditors / shares distribution to shareholders ratably. Final account will be submitted by the liquidator and upon ratification of the shareholders, liquidation will cease and will be noted on the Commercial Register. The company will then be struck off the Commercial Register.

AL REYAMI ADVOCATES ARE DEDICATED PROFESSIONALS WHERE YOU CAN GET IN TOUCH WITH FOR INITIAL CONSULTATION. WE CAN GUIDE YOU THROUGH ALL STEPS AND PROVIDE YOU UTMOST LEGAL ASSISTANCE THROUGHOUT THE PROCESS.

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new financial law in dubai uae

NEW FINANCIAL LAW IN UAE

NEW FINANCIAL LAW IN UAE CAN AID INDIVIDUALS FACING FINANCIAL DIFFICULTIES 

Financial crisis spurred host of efforts in UAE Cabinet to re-engineer their bankruptcy law regimes and approved a federal law as a legal mechanism to regulate cases of insolvency and/or aimed to resolve debt relief cases for individuals or natural person in UAE.

 

The newly pioneered Federal Decree-Law aims to strengthen UAE’s financial and economic stability by building a legislative and legal system primarily focused to increase transparency in civil debts and bolster financial security. This law guarantees the protection of debtor’s propriety and helps to devise an opportunity for them to cope with their finances and lessens their financial distress. More to say, this legal framework helps individuals repay their debts and guarantee that financial institutions receive their financial dues through transparent mechanism.

 

WHAT DOES THE INSOLVENCY LAW OFFERS?

The following are the main facets of the law:

  • Aids individuals who faces current or anticipated financial difficulties that makes them unable to fulfil their financial obligations and pay their debts.
  • Enables insolvent individuals to reschedule their debts and be granted new concessional loans.
  • Decriminalize financial obligations on insolvent individuals and protect debtors from legal prosecution.

 

This law provides two main avenue and procedures to insolvent individuals:

  • EXPERT ASSISTANCE: Insolvent person are given leeway to seek court assistance to settle debts. One or more experts will be appointed by the court, and these experts will coordinate with the debtor and creditor assisting them to advocate a financial settlement plan beneficial to both parties.

 

However, the court can terminate or reject a request made by the debtor under the following circumstances:

  • Insolvent individual tried to conceal any part of his assets;
  • Insolvent individual submitted false / fabricated statements concerning his assets, rights and liabilities; or
  • Insolvent individual failed to settle a due debt for a period of more than fifty business consecutive days.

 

  • LIQUIDATION PROCEEDING: In the event the insolvent individual is unable to pay his debts for an extended period of time, he then can resort to these process which is done by a trustee appointed by the court. However, this proceeding will impose restrictions on debtors use of his/her money and assets and will apply further restrictions in regard to entering into new obligations or obtaining new loans during the process.

Notwithstanding the above, the insolvent individual shall restore all his rights at any point in time in the event that he was able to conclude a settlement with his creditors and complies to its execution, or if the insolvent individual was able to establish that he has been discharge from debts to all his creditors.

ARE YOU LOOKING FOR LEGAL ASSISTANCE?

The Office of Al Reyami Advocates & Muhyealdeen can provide you legal advice and assistance through its dedicated team of experts in the light of the new Insolvency Law.

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Tenancy Law in Dubai UAE

Tenancy Law in Dubai UAE

UNDERSTAND THE SETTLEMENT PROCEDURE FOR RENTAL DISPUTE IN EMIRATE OF DUBAI.

Tenancy Law or Law No. 33 of 2008 regulates and embodies the legislations concerning the rights, obligations and framework the relationship between Landlords and Tenants in the Emirate of Dubai. Whilst, the Rental Disputes Centre (RDC) acts as the main forum and receives dispute application for resolving tenancy disagreements and cases.

Rental Disputes Centre (RDC) administers adjudication procedures enhancing rental judicial system developed to simplify the resolution process systematically and come up to speedy disposition of tenancy disputes.

Except for cases already assigned to special judicial court and cases related to long-term lease or financial lease contracts falling under the umbrella of Law No. 7 of 2006 for real estate registration, the jurisdiction of RDC extends to:

  • All rental disputes arising between tenants and landlords located in the Emirate of Dubai;
  • Counterclaims as well as requests for ad interim or expeditious action from either party to the tenancy agreement; and
  • Appeals from decisions and judgments in accordance with the provisions of the decree

OVERVIEW: Process and Procedures

RDC consists of two sectors: JUDICIAL and ADMINISTRATIVE. Administrative sector is mandated to provide technical and administrative support for the judicial sector. Judicial sector comprises of the following departments:

  1. Arbitration and Reconciliation Department is tasked for settling rental disputes amicably within 15 days, unless otherwise extended by the supervising judge. Once the parties reach a settlement, an official settlement agreement will be issued which will be executory in nature. In the event that parties failed to reach an amicable settlement, the dispute will be elevated to the First Instance Department.
  2. Department of First Instance consist of committees. These committees shall determine and decide if a rental dispute falls within the jurisdiction of RDC. The First Instance judgments are appealable to the Appeal Department within 15 days from the date following the issuance of the judgment.
  3. Department of Appeal committees shall adjudicate appeals (only if rent claim is more than AED 100,000, except if it falls under special circumstances pursuant to Article 17(1) of Law No. 26 of 2013) filed against decisions issued by the First Instance Department unless otherwise its outside the realm of its jurisdiction. The judgments issued by the Appeal Department are final and executory.
  4. Law Enforcement Department will execute and enforce all final judgments decreed by the First Instance and Appeal departments.

DOCUMENTATIONS AND FEES

Supporting documents required by the Centre includes:

  • Claimant’s Emirates ID or Passport or Company’s commercial license
  • Original Tenancy Agreement
  • Copies of cheques given to the landlord (if any) or Statement of Accounts
  • Notarized Power of Attorney issued by the party to its authorized representative (if any)

Rental dispute cases brought before the Centre generally involve fees of:

  • 5% of the annual rent of the leased property (no less than AED 250 BUT NOT MORE THAN AED 20,000)
  • Other fees such as: deposit of rent with RDC, expert’s fees, notice publication in the event the other party fails to show up during hearings)

CONCLUSION

As the judicial arm aimed to ascertain rental disputes in a speedy, systematic and bringing about steadiness in regards to tenancy relationship and matters concerning between the landlords and tenants, RDC is committed to continued upgrade of its working mechanism that enables rental parties to ascertain their legal positions and guides them in the legal proceedings at various stage until the finality or resolution of rental disputes within the Emirate of Dubai. For other legal queries regarding property law in Dubai UAE, Contact a trusted lawyers in Dubai UAE and set an appointment.

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business lawyer in dubai

Legal Support for Your Business

Knowing The Legal Requirements When Starting a Business in Dubai UAE.

When it comes to setting up a business or owning one, seeking legal support is essential. Running a business has its reasonable share of strains and endeavors. On occasion, the law is impending. Getting a legal assistance at these times are critical to a business’ success. It allows you to explicitly seek legal advice, and letting you operate your business effectively. This ensures that your business is compliant with the relevant laws and legal obligations that apply to overseeing it legitimately and ethically. If you have decided to open up a business in Dubai, you will stumble upon copious lawyers and law firms accessible for your company. In choosing a legal support, one should ensure that it has a comprehensive experience tailored to your business industry. There are many factors to consider in hiring legal services or lawyers. Good communication skills are keys to the efficacy of a lawyer. An effective verbal conveyance, good listening skills and a sound counsel is as imperative to understanding. For start-up businesses, its best recommended to appoint a law firm that can accommodate your budget yet is professional. There are legal solicitors who render consultation free of charge. They should have a clear understanding of your business commerce and provide a logical explanation while dealing with your case.

It’s a challenging task to find the best law firm for your business. Many law firms in the U.A.E. are working for different legal issues according to their forte.  You can search for law firms in Dubai on the internet through the Directory of advocates and legal consultants or bar associations. These are the best places to look in the business lawyers in Dubai and the law firms who are updated with the laws and work efficiently. You often perceive these commendable law firms on advertisements in the newspapers or the social media platforms. If someone recommends you the legal services, make sure to pay a visit to those law firms. The reputation of a law firm is categorically important for any business. It should provide you with proficient legal consultation and satisfactory outcomes. A good law firm is comprised with capable lawyers with an expertise to manage legal matters accordingly. They should be offering excellent and coherent solutions to their clients. There are some cases that don’t require a lawsuit but can be managed out of the court.

A law firm has an ethical infrastructure of legal practice and should know the business moral codes. In Dubai, client and case confidentiality is a key tenet of any law firm. The duty of confidentiality fosters trust between lawyers and clients. Lawyers will aim to protect every information shared by the client. The duty of confidentiality is an obligation which every lawyer must adhere to. In fulfillment of the customer, law firms should have legal solicitors who are orally articulate, have good written communication skills and be good listeners. They must be able to explain the case in English and Arabic. English is an international language but the local language of government institutions and court is Arabic, so attorneys must be fluent in both languages. The lawyers should be reachable 24/7 to the clients who have profound legal cases.

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injury law in dubai uae

Know Your Rights, If You Are Injured At your Workplace

Injured At your Workplace. What are your rights as employee if your company is in Dubai United Arab Emirates.

The Judicial Law of the United Arab Emirate for the Employer and Employee Relationship decreed the rights and obligation through the Federal Law No. 8 of 1980 wherein it governs the Labour rights of the employees in the Private Sector. It is stipulated in Article 144 of Federal Law No. 8 of 1980 which regulates the liability of the Employer during the course of the Employment, the Employee sustains an accident; contracts an occupational disease or is disabled, the Employer shall pay for the cost of the injured Employees treatment in a local government or public medical center until he recovers.

What does such Treatment Include?

Treatment shall include costs of residence in a hospital or sanatorium, surgical operations, expenditure on X-rays and medical analysis, the purchase of medicines and rehabilitation equipment, and the supply of artificial limbs and other prosthetic appliances for any person who is declared disabled. In addition, the Employer shall pay the cost of any transport entailed by treatment provided for the Employee.

Is An Employee entitled to Full Salary, during this period?

Yes and It is imperative to be aware that Employees are entitled to receive a full salary. The salary can be throughout the treatment period or up to 6 months whichever is shorter and thereafter, half of his salary for another six months or until the Employee completely recovers shall be payable to the Employee. In accordance with Article 145 Federal Law No. 8 of 1980. The Law also states that an Employee is fully protected in the U.A.E. and has the right to get compensation, salary, expense payments, etc. in the case whereof he is discriminated, terminated on wrongful grounds, not paid or if he gets an injury.

Why Lawyers or Legal Consultants are recommended during such events?

A Legal Adviser can be a substantial support to an Employee, Employer, or even a service provider during events that of worst scenarios. A legal adviser will assist both the Employer and Employee in terms of advice, filing lawsuit and representative the employer or employee at all levels of the competent court of laws. It is crucial to seek legal advice prior to taking any legal action against any individual be it employer or employee.  We strongly recommend consulting Al Riyami & Muhyealdeen International Legal Consultants or any other Consultant of choice for taking any legal action, other than this legal knowledge.

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Termination due to Covid-19 Pandemic Effect

Rightful Employment Termination due to Covid-19 Pandemic Effect

Termination due to Covid-19 Pandemic Effect. Rightful Employment Termination guide for business Owners and Management in Dubai UAE Labour & Employment Law.

The spread of the Coronavirus has widely traversed the world wherein it has unveiled the vulnerability of the global economy. This effect has agitating for the businesses as they were vastly affected by the pandemic. During these unprecedented and ambiguous times, the U.A.E. government gets its under way in imposing measures to suppress the outbreak. Thus, the business sectors are determined to respond by preserving its workforce and organization thereby they do not face insolvency.

In reference to the Judicial law of the United Arab Emirate herein stipulated as Section 2 of the U.A.E. Labor Law Federal Law No. (8) OF 1980 wherefore it confers sick leave entitlements and rights for employees, whereby when the same completed his or her probation period and has spent more than three months in continuous service for an employer he or she is entitled to a sick leave. Also, Article 83 of Section 2 of the U.A.E. Labor Law Federal Law No. (8) Of 1980 affirms that the duration of leave should not exceed 90 days of either consecutive or non-consecutive for every year of service. However in respect to Article 82 of Section 2 of the U.A.E. Labor Law Federal Law No. (8) Of 1980, as amended, the employee must notify the employer about his sickness within two days upon taking a sick leave. The employer has the right to put the employee under a medical examination in order to verify the illness, and the authenticity of the employee’s leave.

The Dubai Health Authority has set its policy wherein employees in the private and public sectors are mandated to get a Sick Leave Certificate which will help to avert employers from workday losses. Thus, an employer may not dismiss or serve its employees termination whilst on sick leave. The same applies to the current pervasive situation we are faced with as the COVID 19 cases rapidly increase in numbers. If an employer breaches the contract with the employee without notifying them, the employee then has the right to file a complaint before the Ministry of Labor in the event whereof the employee and employer are unable to reach an amicable solution. An employee can claim compensation from the employer. If the employee uses all of his 90 days’ sick leave and was not able to report to work afterwards, the employer may terminate his services. In such a case, the employee shall be entitled to the end of service gratuity in accordance with the provisions of the U.A.E. Labor Law.

The U.A.E. Labor Law protects the rights of every employee, employer and the businesses in the United Arab Emirates. A person who lives and works in the U.A.E. has wide options to seek help if faced with employment-related matters as there is a comprehensive law, judiciary initiatives, public prosecutor, courts, lawyers, law firms, etc. We strongly recommend consulting Al Riyami & Muhyealdeen International Legal Consultants or any other Consultant of choice for taking any legal action, other than this legal knowledge.

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ESTABLISHING COMPANY IN DUBAI

ESTABLISHING A COMPANY IN DUBAI: DO YOU NEED A LAWYER?

Dubai, being once known as a desert city and now a city of endless possibilities, is undeniably, extravagant and promising.

Its emergence as a commercial hub over the last 15 years has been way too rapid that it is now among the easiest and fastest to set up a business globally.

Launching a business in the region, whether branching off an existing company as part of a geographic expansion strategy or starting out a completely new different enterprise can be as fast as a flash.

In a week or so, you will be able to get your business ready with just a few ‘must-do’ and ‘must-considered’ steps.

First, you must identify the correct type of your venture. This will determine the category of your business license, which will be reflected in the trading name.

Second, the activity your business covers also defines your business structure and type of license.

Third, most of the Expats who are having a 100% ownership of the company, establish their business in a Free zone Authority where minimum official procedure and duration is needed; hence the process is comparatively straightforward.

Setting up a business in Mainland Dubai, on the other hand, requires a trade license from the Dubai Economic Department. This license requires you to have a partnership with a UAE national, who has to compulsory hold at least 51% of the total equity of the company.

Lastly, you must consult with a legal counsel in Dubai UAE to have all your legal documents (Memorandum of Association) assessed. When organizing a business, nothing is as vital as priming your paperwork as this will determine whether your company will operate in terms of profit or loss.

From business opportunities to enterprises in all sizes clearly manifest the rise of Dubai, from a desert city to a city of endless possibilities.

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ACQUIRING AN ASSET IN THE UAE

ACQUIRING AN ASSET IN THE UAE: THE LAWS AND THE PROCESS

Over time, the law has been eased in permitting expats to acquire properties in the city.

As Dubai is a progressing city, everything is possible, including ownership of non-UAE nationals to various assets. This out-turns into a high property demand at a higher price, after which the problems of the market in 2008.

What was once an intricate is now an easy process for foreign investors to buy an asset in this city. As per UAE law, by simply paying 10% to 15% deposit with the balance payable over a certain period, you will be able to acquire an off-plan property from a developer. As easy as it may sound, you must make sure that the developer you will deal with is registered in the Dubai Land Department and that all payments will be rendered under an escrow account. You must also completely comprehend all the legal documents that you have to sign. If in doubt, you can always ask, verify, and confirm.

Aside from a developer, you can also deal with a Real Estate Company or through a brokerage.  The Real Estate Regulatory Agency, known as RERA will help you verify if your broker is listed with them. RERA is a government agency that controls and legalizes the real estate sector in the city.

Lastly, you must have the Sale and Purchase Agreement or SPA. This serves as your legal contract. This entails your undertaking to buy and your seller to sell the asset.

As you are purchasing an off-plan property, the completion of the project, the actual sum of all the payments, even the penalties in the event of breach of contract, as well as the courts certified to hear any cases and disputes in case of any issues, should all be outlined and recognized in your contract.

Owning an asset is everybody’s accomplishment. In this fast-paced world, this is among the many ways how to measure someone’s success. Purchasing a property is one of the biggest decisions one can make in his life; hence, if needed, don’t hesitate to seek assistance from a professional legal counsel in UAE.

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