Dubai property dispute victims to get free legal advice

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Dubai Land Department on Monday announced a new initiative to introduce a free legal service to support home owners involved in real estate-related court cases.

The announcement follows a meeting between senior Land Department officials and representatives of law firms to finalise details of the move.

The Land Department said an agreement had been signed which would see the law firms become part of a new Legal Care Group.

The group will bring together senior lawyers, professional firms and consultants to offer free legal assistance to members of the public with "genuine real estate issues" who might otherwise be dissuaded from taking action because of the prohibitive cost of fees, the Land Department said in a statement.

Mohammed Sultan Thani, assistant director general of the Dubai Land Department, said: "The objective of this initiative is not merely to meet a need but to ensure fairness and justice is available to anyone who might have a concern which involves property, no matter their circumstances.

"This reflects the government's commitment to ensuring there is in place a comprehensive equitable system of legalizing ownership and property transactions."

He added: "Now, no one is prevented from pursuing their rights merely because of the possibility they might be priced out of the legal system."

Richard Green, head of research at CB Richard Ellis Middle East, said: "The offer of free legal advice is another step in the right direction. Overall confidence in the legal dispute system has been somewhat low due to a time lag in addressing the current case backlog.

"This announcement will go some way to renewing faith in the system as well as providing confidence to individual investors facing financial difficulties in their disputes against developers.

"Overall this is seen as another positive advancement for the Dubai market."

In August it was reported that property dispute cases that were originally submitted to the Real Estate Regulatory Agency (Rera) and Dubai Courts are now being dealt with by Dubai’s new Property Court.

The new court, which started operations in October, was set up under the First Instance Court to deal exclusively with property-related cases.

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Posted by: Red Snappa

Look, it would be interesting to hear from anybody, prepared to post a comment, that has actually received free legal advice during the two years since this philanthropic idea was launched?

It is eminently obvious from the way that events have unfolded since this article was published, that the only way to attempt to secure redress from a developer is through the courts, and there is certainly nothing that be construed as legal aid involved or available in that process. It is particularly hard cash. It can be less expensive per capita if several owners at the same development club together and invest in setting a legal precedent via a single unit.

But, there is nothing that can be achieved unless the development is officially designated by RERA as cancelled. There is still no official list published despite RERA's announcement of 200 + projects supposedly cancelled. However, should your development comes under the jurisdiction of DIFC courts then your chances seem to improve.

Posted by: Re Ralergik

One thing seems common to all investors. RERA is doing nothing and is posing more a problem than being a solution. Under these circumstances, RERA is more a nice thing to have than an effective tool.

Posted by: Hankin

Rera is being unfair applying these regulations, when knowing full well that some developers like Galadari br failed miserably to fufill their contractual obligations (I bought in 2006 & my contract states completion date 2008) well before the crunch. They stonewalled their buyers for years, now after three whole years, they decided to abuse these new laws and had the nerve to ask for more money when they are nowhere near building anything, and than got Rera to cancel the contract & aloow them to keep 30% of the unit's price. Talk of misusing the laws!!! I am a buyer and I certainly do NOT feel protected by these regulations, nor by Rera.

Posted by: Rashida

Al salam aleikum, I bought in City of Arabia (Wadi Walk) completion date was 2008, the developers Galadari br failed miserably to keep their contractual obligation, but strangely and brazantly they contacted Rera saying it was me that was in breach (I had the common sense of stoping payments for a property that never materialized) and guess what Rera ruled in their favour! yes they cancelled my title to the unit and allowed Galadari to take my money (25% of the whole price).
I have a contract saying completion date 2008, why do they not order them to refund our money & apologize??? I am shocked.

Posted by: rashida

If completion date was 2008, than it is very clear that the developer Galadari are in breach of contract. Rea does not need any further proof of their bad faith, let alone rule in their favour!
They should refund your money as well as made to pay compensation. Rera has lost perspective it should not play the developers game. It has lost sight of it role namely protect buyers and uphold justice so as to inject confidence in the market. Supporting developers like Galadari brothers will not win Rera any friends.
Rera should penalize bad apples like Galdari.

Posted by: Bhisham Sainani

GREAT NEWS. Another feather in our leaders hat. A step forward to Dubai's non negotiable commitment and move in the right direction for consumers rights to win back investors confidence. We hope to have more details and on this process very soon. May God bless U A E with all the success for all the sincere and hard work.

Posted by: Missy ODoherty

hi...
I need to get my money back from the Dubai developer that has disconnected their phones and not done any of the construction since 2007.

What procedures should i follow please?

Posted by: Telcoguy

Bhisham, are you serious? Check the date of the article, and check what has been done in this regard since it was written. This was nothing more thn PR.

Posted by: Deeply Disatisfied......

Having read this article we had a glimmer of hope that some support for investors was on its way. It seems we have a lot in common with most of you (although we have paid 80%). We have also contacted the developer quoting the contractual breach with no positive outcome. Sadly we are also in a position where we can't afford the legal fees at the moment.

I thought contacting RERA would be a good step but the complaints page is not in English and it looks from other articles that they now won't get involved until the Land Department have dealt with (and failed to resolve) it.

Fed up of waiting ..... we too were quoted a hefty fee from a legal advisor so if anyone does find a way through this or comes across the "free" legal advice, then please let us know: greg.canning1@gmail.com. Best of Luck!

Posted by: Fed up waiting.....

This article was written almost 2 years ago and since then no updates....don't hold your breath waiting for RERA to protect investors as so far very little has been done to help the struggling investors who have worn the brunt of developer delays.

Everything is about the developers and RERA seem interested in protecting only the developers, no compensation has been offered too the investors who have been waiting years beyond their contract completion date for properties, developers have not been penalised for breaching contracts, investors are told to take the developers to court for compensation of breach of contract...my question to RERA is HOW do investors do this given a laywer quoted me 300,000 dhs and potentailly a year to prove breach of contact in court...how can i afford this when all my money has gone into properties that are over 2 years delayed....RERA have a LOT of work to do to win back any investor trust.

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