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    • Criminal Complaint filed against Al Fajer Properties Sheikh Maktoum
      Criminal Complaint filed in Germany against Sheikh Maktoum Hasher Maktoum Juma Al Maktoum CEO of Dubai Developer Al Fajer Properties The Dubai Sheikh who mislead and extort a German Couple  Germany – Dubai 2011 A German elderly couple , today 80 + 50 years old who have been Dubai Tourists since a decade, bought in 2005 an apartment at Nakheel´s Dubai Residen […]
    • UAE: Human Rights Blogger, Sorbonne Lecturer Charged With ‘Humiliating' Officials
      source Human Rights Watch www.hrw.org (Beirut) - The United Arab Emirates attorney general should immediately drop all charges against five pro-democracy activists to halt their trial, Human Rights Watch said today. The charges of "humiliating" top officials relate solely to the defendants' peaceful use of speech to criticize the UAE governmen […]
    • Nakheel Dubai Sunland Case
      June 5, 2011After 21 hearings, Chris O'Donnell, the Australian chief executive of Dubai's major developer, Nakheel, came to the defence of his former colleagues Matthew Joyce and Marcus Lee. Mr Joyce and Mr Lee are accused of profiting from the sale of land that had been earmarked for a colossal high-rise development, which was to include the futur […]
    • Dubai Nakheel CEO decided to leave the company
      Dubai June 7, 2011 Nakheel said on Wednesday that its CEO Chris O'Donnell had left the company "after completing his contract terms". O'Donnell, an Australian who joined the developer in 2006, said he had decided to leave Nakheel following five years spent with the company, the statement added. O'Donnell has overseen a traumatic time […]
    • Owner of Dubai Developer Damac Hussain Sajwani files case against Egypt corruption ruling
      Dubai property developer Damac said on Tuesday it had filed an international arbitration case against Egypt over a land dispute and the conviction of its chairman and owner, Hussain Sajwani.A Cairo court last week sentenced Sajwani in his absence to jail and ordered him to pay a $40.5 million fine in connection with his 2006 purchase of land at Egypt's […]
    • Dubai Palm Jumeriah - Investors plan to take legal action
      Investors in Dubai Palm Jumeirah’s Golden Mile complex will this week serve the developer behind the project with a legal ultimatum to hand over their units or issue them with a refund.Up to ten investors in the luxury complex plan to issue Souq Residences with legal notice in a bid to force a resolution to a dispute that has been ongoing for more than a yea […]
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Posts Tagged ‘dubai property court’

Dubai property investors who lost life savings continue fight

Posted by 7starsdubai on January 28, 2012


Ron Oakley lost Dhs1.46 million to German development company, Alter­native Capital Invest (ACI) Dubai, which
promised huge returns on luxury Dubai tower blocks named after tennis star Boris Becker and racing legends Niki Lauda and Michael Schumacher.

Last February Mr. Oakley was awarded by Dubai courts a full refund on his Dhs1.46 million investment in Niki Lauda Twin Towers – the first ACI investor to win his money back.

However, nearly one year on, Oakley has yet to receive a dirham in return and has racked up Dhs 700,000 in legal fees.

source 7Days continue reading…

Posted in ACI Lohmann Dubai, Dubai Property Investors, Dubai Property legal, Dubai Real Estate Scandal | Tagged: , , , | Comments Off on Dubai property investors who lost life savings continue fight

Dubai Court Ruling – Contract is valid if part payment taken

Posted by 7starsdubai on May 20, 2010


source Emirates Business 24-7

The Dubai Court of Appeal has directed a developer to deliver a booked unit to the buyer despite a delay in the payment of the third installment. The court ruled that if a developer receives and accepts part payment for an instalment, this will be considered an approval in principle for extension of the payment period.

A buyer signed a contract on June 25, 2007, to buy a housing unit for Dh1.3 million – a sum to be paid in six installments. He paid the first and second installments on time, and then paid part of the third installment. When he wanted to pay the remaining part of the third installment, the company accountant refused to accept the payment. The company told the buyer that the purchase agreement was null and void. The buyer transferred the remaining amount via bank remittance to the company’s account, which it received. The court saw the company’s acceptance of the payment as implied acceptance of the continuation of the contract.

Before giving the verdict, the Court of First Instance wrote to the Real Estate Regulatory Agency (Rera) to check whether the property was registered. Rera said the contract had not been registered, and the court ruled that the contract was null and void and directed the seller to pay back the money received from the buyer.

The two parties to the contract challenged the ruling, based on the fact that the contract was concluded before the issue of Law No13 of 2008.

The seller stuck to the annulment of the contract while the buyer, through his agent lawyer Mohammed Abdul Karim, also said it was valid and stuck to it.

The court said the company unilaterally annulled the contract without commitment to the steps that should be followed according to the contract – imposing a one per cent interest per each day of payment delay. And if the buyer did not correct his position within 30 days, the seller has the right to annul the contract within 14 days following the first 30 days.

The court ruled that the contract shall be implemented and that the company is obliged to pay the litigation and advocacy expenses.

Posted in Dubai court | Tagged: , , , | Comments Off on Dubai Court Ruling – Contract is valid if part payment taken

Dubai Property Court – Realty developers, agent told to pay Dh1.77m to couple

Posted by 7starsdubai on May 3, 2009


source GulfNews

Dubai: Two property developers and a real estate promoter have been ordered to repay Dh1.77 million paid in by a couple for a 26th-floor-flat overlooking Dubai’s Business Bay.

The Dubai Real Estate Court ordered the Dubai-based promoter and property developers to repay the couple, a businessman and his wife, Dh1.77 million which they had deposited as a first instalment for the flat in a high-rise tower project.

Lawyer Dr Habib Al Mulla, of Habib Al Mulla and Co Advocates and Legal Consultants, who represents the couple, lodged the civil lawsuit against the defendants after they refused to collect the remaining instalments and write a contract then deliver the flat.

Presiding Judge Shehab Ahmad Al Shehi also ordered the defendants to pay the above-mentioned amount plus nine per cent legal interest.

Dr Al Mulla argued in his lawsuit that his clients purchased the flat for Dh17.7 million, out of the first payment was made to the promoter. “They collected a receipt for the first instalment. When the second instalment was due, the promoter asked my clients to pay it for the sake of one of the property developers based in Dubai.”

Dr Al Mulla said since the deal was made, it was his clients’ first encounter with the Dubai-based property developer.

“The claimants asked the promoter why should they pay the second payment to the Dubai-based developer before, they later agreed to pay & surprisingly, the promoter informed my clients that they stopped receiving payments for that project,” he continued.

He said his clients were asked to follow up with the Dubai-based developer and a Kuwait-based developer.

The Dubai-based developer met with the claimants and informed them that there were no problems and they would be collecting their contract within a week, according to the lawsuit.

“Since then, the plaintiffs had been avoiding the claimants, refused to collect any instalments and didn’t process the contract. Since my clients didn’t get the flat, the price of which tripled after sometime, they lodged this lawsuit and claimed Dh1.77 million plus Dh500,000 in financial and moral compensation for the damages they incurred by the plaintiffs’ act,” argued Dr Al Mulla.

Presiding Judge Al Shehi further ordered the plaintiffs to pay Dh3,000 in lawyers’ fees. The primary verdict is still subject to appeal.

Posted in Dubai | Tagged: | Comments Off on Dubai Property Court – Realty developers, agent told to pay Dh1.77m to couple

Dubai Property Court – Developer must repay 7.4 Million AED

Posted by 7starsdubai on March 25, 2009


source The National

25 March 2009

DUBAI // A property developer has been ordered by the Dubai Real Estate Court to return Dh7.4 million (US$1.38m) on the sale of several apartments to a buyer after failing to register the sale with the Dubai Land Department’s property register.

The court ruled the sale null and void yesterday and ordered the developer to pay nine per cent interest to the buyer on the money from the date of the sale last April. The developer must also pay the full court costs.

According to a statement issued by the Dubai Courts Department, the ruling is the first of its kind to cancel a property sale since the court was established last August.

In his summary, the presiding judge, Omar Miran, said the law stipulates that any transfer of ownership or other property transaction not registered in either the land department’s property register or its preliminary property register is null and void.

The law gives developers a 60-day grace period to register all property sales concluded before that date. Failure to do so also renders the sale null and void.

The sale in this case was concluded on April 8. The buyer filed his case on Jan 21 this year, asking the court to order the developer to refund the money he had paid for the apartments plus 12 per cent interest.

Posted in Dubai | Tagged: | Comments Off on Dubai Property Court – Developer must repay 7.4 Million AED

Dubai – A new court set up to deal with property cases

Posted by 7starsdubai on May 30, 2008


original published EmiratesBusiness 24-7
By Muna Ahmad on Thursday, May 29, 2008

http://www.business24-7.ae/Articles/2008/5/Pages/05292008_4329042711af419fa7130f59c7886811.aspx

By
Muna Ahmad on Thursday, May 29, 2008 will sit for the first time next Monday, a senior official has revealed.

The Property Court will operate under new regulations that differ from those that apply to the existing civil courts, Ahmad bin Hazim, Director-General of Dubai Courts, told Emirates Business.

The court has been established in response to the rapid growth and development that Dubai is experiencing.
It will handle all types of property cases and is one of six specialist courts being set up following an order earlier this month by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai.

Once the court starts functioning it will develop in stages,” said Bin Hazim.

It will start with all the traditional property cases, which are currently being handled by Dubai Courts.

The court president is going to define new procedures and laws that relate to property cases.

Two sets of laws will be followed.
The first, the Substantive Laws, regulate the sector and are defined by the Land Department. The second, the Procedures Laws, will be drawn up by the court. For example, currently the time between hearings is about one month.

We are going to reduce this gap to about a week.

The Property Court will have its own premises and budget. We have three possible locations but the final site has not yet been decided.

Posted in Dubai, Vereinigte Arabische Emirate | Tagged: , , , | Comments Off on Dubai – A new court set up to deal with property cases

 
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