Real Estate law

If Property Buyer Gets Smaller Unit

June 17, 2023

If the property developer hands over the small unit/s instead of the one which was shown at the time of purchasing then what can be the rights of a Buyer, let’s have a complete check here in this article.

As per the Law in UAE, the purchaser has the right to terminate the contract, by filling the case in the relevant court/s, if there is a breach of contract, if the developer brings change to the contract or project, if the real estate project is not the same as it was/is showed to the developer at the time of selling if any illegal clause is added in the contract. Law No 13 of 2008, manages or explains all these points as per Law, stated before.

Article 523, UAE Civil Transaction Law, further explains that, if there will be a change in the contract or the obligation of a contract, from the terms or conditions agreed before at the time of signing the contract, then the buyer has a right to, lodge the complaint or take legal action. The complete Article 14 details are as follows;

If any dispute arises between the developer and the purchaser, the Department may attempt conciliation to preserve their contractual relationship and may propose solutions for such purpose as it may deem fit. If the Department concludes an amicable settlement, such settlement must be confirmed in writing by an agreement executed by the developer and the purchaser or their respective representatives. Upon confirmation of such agreement by the Department, it will become binding upon both parties.”

THEREFORE, it is proved through the discussion here, that in case if there is any breach or misrepresentation in the real estate buying deal then the buyer has the right to terminate the contract or even fill the case in Court. That is why it is always recommended that must hire Lawyers in DUBAI first;

Wife Does Not Want To Live With Husband

ISLAM allows a woman to terminate the marriage contract if she does not want to live with her husband. It is called KHUL or KHULA in Sharia Law. Though, wife has to give up few rights but she can easily terminate the wedding contract. Article 10, UAE Personal Status Law allows that a contract between wife and husband can be cancelled when they are agreed to terminate the contract or the wife wants to cancel the contract. This is how a wife can take KHULA or KHUL from her husband.

On the other side, the wife can also apply for a divorce, where, she has the right to ask for Alimony, NAFAQAH, Dowry, MAHAR or other matrimonial benefits. Initially, an attempt is made for the reconciliation, by the Family Court renunciation departments by two experts/arbitrators, and if they could not be successful then the matter is referred to Court, where the divorce is given but with justice.

Justice means that decisions are made about Alimony, Child Custody, and other things as per Law and justice. For example, Alimony is decided for the KIDS, as per the income level of the father. Judge can’t take any special decision in order to provide more or less. Similarly, custody is also granted as per the Rules and Law, judges are not allowed to take some special decisions.

Read More Here about Divorce Settlements in UAE: https://askthelaw.ae/divorce-settlements/

Real Estate Lawyers and Family Lawyers

The first discussion was about Real Estate. Therefore, the Lawyers and Consultants (Legal Consultants) are called as Real Estate Lawyers and Real Estate Legal Consultants. These Advocates or Attorneys are experts in Real Estate Law in UAE. They have the capabilities and experience to appear in Land Departments and Rental Courts all over the UAE (DUBAI, ABU DHABI, SHARJAH, RAK etc). Therefore, make sure while signing the contract/agreement with legal experts that;

  • Law Firm having expertise in Real Estate Law in UAE.
  • Lawyers do have expertise in Real Estate Law in UAE.

The second discussion is about Family Law where people need quality Family Lawyers. These Lawyers must be UAE National Lawyers and have expertise in Muslim Laws and Non-Muslim Laws. For Non-Muslims Laws, now lawyers have to be familiar, with Non-Muslim Family Laws as well. There are millions of non-Muslims living in the UAE, therefore their requirements and needs ought to be paid attention to as well. For any family court case, people need to hire experienced and well-reputed Family Law Advocates.

Last, but not least, the ASK THE LAW – the Al Shaiba Advocates and Legal Consultants, the best Advocates, Legal Consultants and Law Firm in UAE. DUBAI-based Law Firm, having expertise in all types of Law, serving successfully in UAE for the last 20 years. Such Law Firms can serve better due to expertise, resources, and legal team. Therefore, it is highly recommended to hire the best team of Advocates and Legal Consultants like ASK THE LAW – Al Shaiba Advocates and Legal Consultants.