Category: Real Estate

Update on Dubai Land Department

To attract the small investors Dubai Land Department (DLD) is set to implement a ‘fractional title deed’ in a bidding concept across the emirate.

The main aim for this deed is to attract investment into hotel or serviced apartment projects in Dubai and this is announced by the DLD’s Registration and Service Sector.

A fractional title deed refers to the division of the same unit into two or four fractional shares, each having its own title deed that may be sold, mortgaged, or transferred as would any other property.

Working of a fractional title deed

A fractional title deed effectively divides what would normally be in one unit (held via a single deed) into two or four parts.  half or a quarter of the unit is purchased by the investor. Each part or fraction of the unit will be held via its own title deed that may be dealt with or disposed of, i.e., mortgaged or sold, as would be the case with any other deed.

The title fractional deed has similar appearance unlike that of “timeshare”, which usually involves the multiple investors buying “time” in a property, wherein opposing to the actual real estate. Moreover, the owner has the right to occupation for a specified period of time in any year.

By investing a smaller amount into the property, this concept of ownership gives opportunity to the small investors to become co-owners. Specifically, the fractional ownership scheme is most relevant to the hotel-apartment sectors. DLD spokesperson stated that a fractional title deed may be registered under anyone’s name However, there won’t be any restrictions towards any target market.

Soon, New Centre for real estate dispute settlement in Abu Dhabi.

The new center for dispute settlement between parties will be led by qualified real estate conciliators.

Judicial authorities exclaimed, to reduce the number of cases brought in the courts, the real estate disputes resolution center has decided to setup a new center in Abu Dhabi.

As per the agreement signed between Abu Dhabi Judicial Department (ADJD) and the Department of Municipalities and Transport (DMT) the center will soon be in movement.

The Real Estate Dispute Settlement Centre will comprise qualified real estate conciliators who will work to settle disputes between parties amicably. This in turn will help manage the influx of real estate dispute cases in courts. 

Abdullah Al Sahi, Acting Undersecretary of the DMT said.” The group of conciliators have undergone specialized courses to carry out their conciliation and reconciliation duties,”

Youssef Saeed Al-Abri, Undersecretary of the Judicial Department, said, “It is meant to be an important step in support of the efforts made to enable the amicable settlement of disputes to foster reconciliation between litigants and encourage amicable settlement of disputes as part of the initiatives of ongoing development of the judicial system and support for business competitiveness in the emirate.”

to improve the real estate and investment environment of Abu Dhabi, this initiative is among the priorities of the DMT. Therefore, this decision will help to promote the real estate dynamics and reduce the number of cases brought before the courts.

Important things to know before signing sale and purchase agreement in Dubai.

When it comes to purchase a property in UAE, both buyer and purchaser have specific entity on legal structure called as Sale and Purchase Agreement commonly known as SPA in UAE.A well drafted SPA is required in order to finalize any deal, whether movable or immovable property or asset.

SPA is the most important document the parties must have for smooth transaction of property matters and is considered to be the legal document to resolve any disputes.  It is always advised by Real Estate Lawyers to carefully review the contents of the SPA before signing it or parties must seek legal assistance. Moreover, Dubai has issued certain laws such as Law Number 7 of 2013 establishing the Dubai Land Department, Law Number 9 of 2009 governing the interim property register, Law Number 8 of 2007 on the Escrow account to be maintained by Developers. Her are foreign laws which helps safeguard buyers’ rights .no matter how many regulations are implied in the agreements but all comes into effect when there is a breach of contract. As buyers are always in a hurry for signing the SPA without considering their material of the agreement. Thus, it is advised to all our readers to thoroughly review the terms of the agreement or at least carefully look into the following issues before signing the SPA:

  1. Reviewing developers’ license:

The prime most important thing is to know whether the developer is registered with the Dubai Land Department. Thus, Department of Land, Dubai has provided a list of developers registered with them, through which one can ascertain if the developer is holding valid licenses and simultaneously registered with the authority.as nobody wants to sign the property agreement with an unregistered developer.

  1. Seeking the project registration record:

 Every real estate project in the Emirate of Dubai is registered with either Land Department or through Oqood as authorized by Real Estate Regulatory Department of Dubai (RERA). seeking the help of websites one can get to know whether the project is registered or not, as the authority has provided a non-exhaustive list of approved projects in Dubai.

  1. Obtaining a copy of the title deed:

It is necessary to check if the actual property owner is the one mentioned in the title deed in SPA.Eventhough reviewing of property is must important, the buyer should also take the initiative to check whether there are any restrictions in the deed. the buyer can also seek a copy of community declaration for understanding the rights in relation to the use of the property.

  1. Payment schedule to be checked thoroughly:

The payment schedule terms are the lengthiest pages in the SPA but are the most important document as it is the only obligation of the buyer under the contract. It must be reviewed cautiously to check if it meets the construction stages offered by the Developer.

  1. Reviewing SPA termination clause:

In the termination clause, the Developer retains the initial investment amount paid by the purchaser in the event of termination of the agreement or if the buyer fails to abide by his financial obligations. this document must be thoroughly reviewed by the buyer before signing the SPA agreement to avoid any kind of misconceptions.

  1. Escrow accounts details to be checked:

It is essential for the buyers to check the details from the developer or RERA of an escrow account to ensure the security of investment amount. Moreover, Dubai Law Number 8 of 2007 on maintaining the escrow account, obliges each contractor or developer in Dubai to maintain an escrow account for the project and all the investment made by the sellers should be submitted in the escrow account. 

  1. Dispute resolution clause to be studied:

Buyers must study the dispute resolution clause because they must be aware about the methods for resolving it in the UAE court of law or independent arbitration centers.  buyers must seek legal advice from Arbitration Lawyers in Dubai, in case the contracts opt for arbitration.

  1. Checking the power of attorney:

It happens at times that third party signs the contract on behalf of the contractor which is commonly known as authorized signatories. Ergo, the buyers must carefully review power of attorney granting signatory rights to the authorized signatory.

  1. Checking the completion of project and failure consequences:

Every SPA has a completion date on which the project has to be handed over to the buyer by the seller, However, it happens numerous times that the seller fails to oblige to the promises and gets the project delayed. on the other hand, wherein, the buyers are not aware about the completion date end up losing their right for terminating a property and seeking compensation. Therefore, buyers must determine the completion date of the project and should understand the legal consequences for the seller, if they breach the provision of the contract.

Mortgages in UAE

UAE has been amongst the most popular destination for expats. Particularly in the business-friendly areas such as Dubai and Abu-Dhabi. As per the Business trends the mortgage market in UAE is well established with both local as well as international lenders in providing home loans to expats. Even though the criteria vary for foreign national, the options are available for residential and buy-to-let mortgages purpose when living in UAE.

Who can get a mortgage in UAE?

Foreign buyers can get a mortgage in UAE but there are certain eligibility criteria which they need to meet, like having current job for at least six months depending on the area you want to buy and the lenders rule also comes into picture accordingly.

The borrowers who are self employed must have their business run for minimum of two years. Moreover, having an existing relationship with the bank can be an advantage because the bank would be familiar with the circumstances.

There are certain banks who accepts the payment depending on the specific companies.  This means that if you work for a government department, banking institution, or multi-national company, you are unlikely to have a problem.

Furthermore, if your employer is not well-established, you will have to struggle to get a loan from some lenders even if you’re creditworthy. It becomes very important to have a clean credit history when applying for loan, as lenders have the tendency to reject the poor applicants or non-existent credit files. Therefore, until you have checked your credit file and repaired any issues you shouldn’t apply for any mortgage.

If you have never had credit, you could consider taking out a credit card and paying it off in full each month to build up a credit history.

How to apply for a mortgage in UAE?

To apply for a mortgage, you can either approach directly to bank or seek advice from a mortgage broker, there are various websites which will give you a clear picture of comparisons   where you can weigh up deals from a range of lenders. When it comes to expat borrower a mortgage expert can be a great asset.  They will be able to help you navigate the quirks of the local market and find you the right deal for your circumstances.

Documents required to get mortgage in UAE

The documents may vary depending on the bank from which you are willing to apply mortgage

Lenders are likely to ask you for the following:

  • A copy of your passport;
  • Proof of residence in the UAE and proof of your current address;
  • Financial documents, such as proof of salary, bank statements, or your tax return.

How and what legal actions are taken to resolve real estate disputes (Dubai).

In Dubai Real estate is considered to be one of the major business.it also contributes higher portion of the Overall economy of the country toward the GDP as acknowledged real estate comes into one the popular industries. However, their disputes are sometimes inevitable.

If you fall prey of any sort of real estate issues in Dubai, it becomes very important to seek advice from property lawyers and professional legal consultants in Dubai. This will help to protect the legal rights and receive justice as well.

Additionally, it is very important to know the steps associated to be taken for successful resolution of the conflict. It is necessary to seek advice from specialist real estate disputes lawyers in Dubai before taking any legal action. However, following this you will be sure about what actions has to taken to avoid any legal troubles.

After contacting specialist property lawyers and real estate disputes lawyers in Dubai, you may be advised to take these legal actions for resolution:

  1. Negotiation:

Negotiation comes into picture wherein all the parties needs to address the conflict to reach towards a mutual beneficial solution. The discussion takes place preserving the rights of all the parties. Defined guidance is provided by the Property lawyers in negotiation keeping all the factors in mind However, it’s the decision on parties on what they are ready to agree upon.

  1. Mediation:

Coming towards the next step which is Mediation, in this step involved parties face difficulties to reach an agreement by themselves. there is an involvement of a third-party mediator, to help the affected members come to an agreement. Moreover, the final decision is made by the parties involved and not by the mediator.

  1. Arbitration:

The cost-effective way to reach a final decision is Arbitration. this works when Negotiation and Mediation is unsuccessful. Here, the case will be presented to an arbitrator, who will thoroughly review the case and give a final decision, in accordance with the real estate laws in Dubai.

  1. Litigation:

The last effective option for a resolution is Litigation. Here both the said parties will hire a real estate dispute lawyer and will further defend themselves in the court of law. Litigation is considered to be the last resort for dispute resolution because it very expensive as well as it is considered to be the time-consuming process.

Prior information investors need to know before purchasing unplanned real estate.

First and foremost, before signing an off-plan unit purchase and sale agreement. It is the buyer’s duty to pay a visit to the Dubai Land Department (DLD)and the Real Estate Regulator Agency (RERA). or the individual needs to visit DLD’s Genuine website (ww.dubailand.gov.ae) to check the following: –

  1. Is the real estate project registered with RERA?
  2. For the purpose of project is there any escrow account? what is the name and number of the escrow account agent?
  3. What is the percentage acquired and the expected date for the completion of the project?
  4. Is the developer registered with RERA? id the development land owned by the developer or whether they hold any agreement between the owner and developer?
  5. Does the developer hold the required permits and approvals from DLD and RERA to sell unplanned units for the relevant project?