Eva June 5, 2024 0 Comments

How to open a case against a developer

Dubai real estate market is known internationally for being one of the most transparent and safe markets in the world.

However, investors have to be ready and to know their rights in case they come across any disputes with regards to their properties and this can happen even with big reputable developers.

So here are the steps:

  1. Attempt to resolve the issue directly with the developer through formal communication – email the concern from the officially registered email address.
  2. Second step will be to send a legal notarized claim to the developer. Can be done through Notary public yourself or through a lawyer (in the second case the lawyer will need to get a POA – Power of Attorney – to able to represent your rights). The developer must answer the claim within 48 hrs.
  3. If not reply is given or no resolution is achieved file a complaint with RERA through Dubai Rest app.
  4. Court – If mediation fails, file a case with the Dubai Courts. Seek legal advice from a lawyer specializing in real estate law for guidance.

 

TIPS to keep and mind before getting involved into a property sale-purchase contract with a developer:
  • Check the jurisdiction mentioned the SPA (sales-purchase agreement) – Dubai court or Arbitrage. In case of the last one the process will be much more expensive and will last much longer period
  • Though sales-purchase contract might take more than hundred pages, it is recommended to take time and go through all the clauses. You will not be able to make the developer change any but at least you would know what to expect and be prepared in advance.

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