Newbie with a Dubai, UAE Problem

[Dammag]

Hi

I’m a newbie to the forum and hopefully ive posted in the correct Forum. I am looking for some direction/guidance on the following scenario:

· I entered a contract with Developer & Finance companies for a property in Dubai circa 10 Years ago.

· I left Dubai for the UK, for personnel reasons and did not skip and left no debts behind and fully intended to complete the purchase.

· The Property was not delivered on the completion date and the parties would not respond to my requests to complete the purchase.

· They would not provide me with copies of the contract I signed with the developer with the completion date and subsequently would not respond at the completion date or when I recorded the contract as: Cancelled, Terminated, Rescinded.

· I have never received any details if the property is completed or what the status is

· I was contacted by the finance company seeking payment for an amount which exceeds the purchase amount, but with no details of this amount or status of the property.

· I am in one way contact as they refuse to respond in writing to try and resolve this issue. I have been presented with a comical/impossible scenario where: 1) I have no rights under the contract or UAE Law and must accept the property once they have completed, regardless of delays. 2) I must pay the full amount claimed by the finance company, but no details are provided, if I will receive the property or if it is completed (I can only presume it is). 3) Once I have paid the finance company in full, I should then take a case against the developer to cancel the sale or seek recovery of monies due to the delay.

· They advised me that a criminal case will be filed against me and court action in UAE will be taken and they will then enforce in the UK. I have checked and there are no details of a case being filed. However, I cannot and will not take the risk of travelling to Dubai/GCC to try and resolve this issue in person based on these threats and the impossible position I am being placed in.

· As they have not provided me with the contract documents and never responded to confirm their position (accept/reject/renegotiate) when I recorded the contract Cancelled, Terminated, Rescinded following the failure to perform the completion date. Without discovery of these documents, I am in an impossible position to defend my position in the Dubai courts. They have also advised me, which is the only information I believe to be true, is in the event of taking or defending any Dubai court action, they will appeal every decision until the highest court, which will cost me legal fees in excess of the amount of the property as these costs are not recoverable. Obviously and unfortunately I cannot afford this court action.

My query is in the event they do get a Dubai Court Judgement against me and follow through on threats to enforce in the UK. I am currently researching my options of how to defend this scenario and want to know if I could be pointed towards any available legal resources, recent cases or any available information of how to defend such an action in the UK. I want to do as much research as possible prior to incurring legal fees!!

Any information or guidance will be greatly appreciated ?!?!?!

[Openlaw15]

Re: Newbie with a Dubai, UAE Problem

Hi

I’m a newbie to the forum and hopefully ive posted in the correct Forum. I am looking for some direction/guidance on the following scenario:

· I entered a contract with Developer & Finance companies for a property in Dubai circa 10 Years ago.

· I left Dubai for the UK, for personnel reasons and did not skip and left no debts behind and fully intended to complete the purchase.

· The Property was not delivered on the completion date and the parties would not respond to my requests to complete the purchase.

· They would not provide me with copies of the contract I signed with the developer with the completion date and subsequently would not respond at the completion date or when I recorded the contract as: Cancelled, Terminated, Rescinded.

· I have never received any details if the property is completed or what the status is

· I was contacted by the finance company seeking payment for an amount which exceeds the purchase amount, but with no details of this amount or status of the property.

· I am in one way contact as they refuse to respond in writing to try and resolve this issue. I have been presented with a comical/impossible scenario where: 1) I have no rights under the contract or UAE Law and must accept the property once they have completed, regardless of delays. 2) I must pay the full amount claimed by the finance company, but no details are provided, if I will receive the property or if it is completed (I can only presume it is). 3) Once I have paid the finance company in full, I should then take a case against the developer to cancel the sale or seek recovery of monies due to the delay.

· They advised me that a criminal case will be filed against me and court action in UAE will be taken and they will then enforce in the UK. I have checked and there are no details of a case being filed. However, I cannot and will not take the risk of travelling to Dubai/GCC to try and resolve this issue in person based on these threats and the impossible position I am being placed in.

· As they have not provided me with the contract documents and never responded to confirm their position (accept/reject/renegotiate) when I recorded the contract Cancelled, Terminated, Rescinded following the failure to perform the completion date. Without discovery of these documents, I am in an impossible position to defend my position in the Dubai courts. They have also advised me, which is the only information I believe to be true, is in the event of taking or defending any Dubai court action, they will appeal every decision until the highest court, which will cost me legal fees in excess of the amount of the property as these costs are not recoverable. Obviously and unfortunately I cannot afford this court action.

My query is in the event they do get a Dubai Court Judgement against me and follow through on threats to enforce in the UK. I am currently researching my options of how to defend this scenario and want to know if I could be pointed towards any available legal resources, recent cases or any available information of how to defend such an action in the UK. I want to do as much research as possible prior to incurring legal fees!!

Any information or guidance will be greatly appreciated ?!?!?!

Did you take advice from a Dubai (real estate) lawyer? It seems lots of persons outside Dubai (foreign nationals) have lost their properties in Dubia owing to late completion dates by the Dubai based property developers. Did you look through the estate contract (land) terms to see when the completion date was or when you could leave the contract? Did you pay your 5-15 % deposit to the developer? You certainly would have had a contract in writing with very important terms at least if it got anywhere near the completion stage. Did you sign any property transfer forms to transfer the property's deeds from the developer into your name? You should make contact with the relevant regulator for Dubai http://www.dubailand.gov.ae/English/...ontact-Us.aspx but apparently investigations could take many months to complete. Did you check the person offering you the property was regulated, if not why not?

	+971-600-555556

In general: As far's am aware until you signed the contract and the completion date passed, it was only an equitable interest, ie discretionary. Once the title of the property has been registered on the Dubai land register it changes from discretionary (equitable interest) to a then legal interest, ie watertight/ title purchase. As far as am aware also you're permitted to change your mind up to the completion date. Dubai does not have jurisdiction for England and Wales, but if their lawyers traced you here it is my belief they would have to prove you owed the debt. What did your lawyer advise you are the time when in the estate contract stage?

[Dammag]

Re: Newbie with a Dubai, UAE Problem

Did you take advice from a Dubai (real estate) lawyer? It seems lots of persons outside Dubai (foreign nationals) have lost their properties in Dubia owing to late completion dates by the Dubai based property developers. Did you look through the estate contract (land) terms to see when the completion date was or when you could leave the contract? Did you pay your 5-15 % deposit to the developer? You certainly would have had a contract in writing with very important terms at least if it got anywhere near the completion stage. Did you sign any property transfer forms to transfer the property's deeds from the developer into your name? You should make contact with the relevant regulator for Dubai http://www.dubailand.gov.ae/English/...ontact-Us.aspx but apparently investigations could take many months to complete. Did you check the person offering you the property was regulated, if not why not?

	+971-600-555556

In general: As far's am aware until you signed the contract and the completion date passed, it was only an equitable interest, ie discretionary. Once the title of the property has been registered on the Dubai land register it changes from discretionary (equitable interest) to a then legal interest, ie watertight/ title purchase. As far as am aware also you're permitted to change your mind up to the completion date. Dubai does not have jurisdiction for England and Wales, but if their lawyers traced you here it is my belief they would have to prove you owed the debt. What did your lawyer advise you are the time when in the estate contract stage?

Hi Openlaw15

Firstly Thank you for taking the time to reply.

To answer the points you raised:

1. The purchase was a prearranged finance agreement with both Finance company and developer (contract of adhesion). Pay 5% and then nothing until completion.
2. Following the expiry of the completion date, i did contact a few RE Lawyers in Dubai to review my case and confirm rates etc, but they were far from helpful: 1) They could not confirm if they could deal with the case. 2) I had to provide a credit card with a specific limit that they can draw down fees from, but they could not confirm how much it would cost to review the case or once they spent the CC limit if they could even offer any advice on my position. I did not proceed with this scenario.
3. The advise/feedback i did receive was that as i entered a contract-of-adhesion with the both the Developer & Finance Company. But only the finance company issued me a copy of their agreement. The developer (Goverment entity) did not provide me with the copy of the agreement which contained the completion date and long stop provision of being delayed by 1 year. This placed me in an impossible position with no court discovery as i could not prove my case against the developer. Also the developer would not respond to agree/reject my position to cancel, terminate, rescind the contract due to this non-performance of the completion date so was there even a dispute?
4. The Finance company had issued me with the finance contract documents, but this does not confirm the completion date.
5. I have been in contact with the finance company and confirmed my position (also copied in DLD and RERA, but received no reply), that i did not agree to remain bound to a contract after the completion date indefinitetly, but they have advised i have no choice as this would not be fair to them or the developer !?!?!
6. I requested the finance company to provide me with complete contract documents, including developer documents. They were arranging to issue and then changed position that i could only collect in person. This was following threats to file a case against for arrest in UAE, So it was impossible for me to travel to Dubai under this threat to collect documents to then try to prove my position.
7. I have had NO contact from the Developer regarding completion etc or rejecting my position
8. The only replies i received was from the Finance Company and it is the finance company who has now contacted me to pay an amount in excess of the Finance amount.
9. I have not signed anything with DLD or Developer (apart from original contract). When i entered the contract DLD did not exist. As this is a pre-arranged financed property it may well be that the Finance Company and Developer have signed with DLD. The mortgage is basically i rent the property for 20yrs and then ownership is transferred upon final payment so finance company would be owner until then?
10. I will contact DLD to query of the Mortgage/property is registered and if it is the complete documents including developer documents, with completion date. Based on UAE civil code the agreement must have completion date to be valid and the developer documents did contain a completion date and long-stop provision of 1 year. However the finance company believe the completion date did not have to be performed and i have no right to cancel unless the other parties agree.
11. The advise i received was that the contract document was a contract of adhesion which could not be adjusted but the gaps were filled by UAE civil code. I cannot recall the cancellation procedure in the developer document as i don't have the copy, but all letters and notices i have issued i have confirmed how my actions comply with the UAE civil code.

With reference to your comment that their lawyer would have to confirm the debt was owed, but if they provide a UAE court judgement then the UK courts would accept this and not look behind for the details, as i would have to prove my case in Dubai Courts which without the documents, discovery and also ability to finance exorbitant non-recoverable legal costs makes my position impossible to defend in Dubai Courts.

Have you and advice or direction to information that i could research how to defend a Dubai Court Judgement in UK?

Any direction will be greatly appreciated.

Many Thanks

[Openlaw15]

Re: Newbie with a Dubai, UAE Problem

Hi Openlaw15

Firstly Thank you for taking the time to reply.

To answer the points you raised:

1. The purchase was a prearranged finance agreement with both Finance company and developer (contract of adhesion). Pay 5% and then nothing until completion.
2. Following the expiry of the completion date, i did contact a few RE Lawyers in Dubai to review my case and confirm rates etc, but they were far from helpful: 1) They could not confirm if they could deal with the case. 2) I had to provide a credit card with a specific limit that they can draw down fees from, but they could not confirm how much it would cost to review the case or once they spent the CC limit if they could even offer any advice on my position. I did not proceed with this scenario.
3. The advise/feedback i did receive was that as i entered a contract-of-adhesion with the both the Developer & Finance Company. But only the finance company issued me a copy of their agreement. The developer (Goverment entity) did not provide me with the copy of the agreement which contained the completion date and long stop provision of being delayed by 1 year. This placed me in an impossible position with no court discovery as i could not prove my case against the developer. Also the developer would not respond to agree/reject my position to cancel, terminate, rescind the contract due to this non-performance of the completion date so was there even a dispute?
4. The Finance company had issued me with the finance contract documents, but this does not confirm the completion date.
5. I have been in contact with the finance company and confirmed my position (also copied in DLD and RERA, but received no reply), that i did not agree to remain bound to a contract after the completion date indefinitetly, but they have advised i have no choice as this would not be fair to them or the developer !?!?!
6. I requested the finance company to provide me with complete contract documents, including developer documents. They were arranging to issue and then changed position that i could only collect in person. This was following threats to file a case against for arrest in UAE, So it was impossible for me to travel to Dubai under this threat to collect documents to then try to prove my position.
7. I have had NO contact from the Developer regarding completion etc or rejecting my position
8. The only replies i received was from the Finance Company and it is the finance company who has now contacted me to pay an amount in excess of the Finance amount.
9. I have not signed anything with DLD or Developer (apart from original contract). When i entered the contract DLD did not exist. As this is a pre-arranged financed property it may well be that the Finance Company and Developer have signed with DLD. The mortgage is basically i rent the property for 20yrs and then ownership is transferred upon final payment so finance company would be owner until then?
10. I will contact DLD to query of the Mortgage/property is registered and if it is the complete documents including developer documents, with completion date. Based on UAE civil code the agreement must have completion date to be valid and the developer documents did contain a completion date and long-stop provision of 1 year. However the finance company believe the completion date did not have to be performed and i have no right to cancel unless the other parties agree.
11. The advise i received was that the contract document was a contract of adhesion which could not be adjusted but the gaps were filled by UAE civil code. I cannot recall the cancellation procedure in the developer document as i don't have the copy, but all letters and notices i have issued i have confirmed how my actions comply with the UAE civil code.

With reference to your comment that their lawyer would have to confirm the debt was owed, but if they provide a UAE court judgement then the UK courts would accept this and not look behind for the details, as i would have to prove my case in Dubai Courts which without the documents, discovery and also ability to finance exorbitant non-recoverable legal costs makes my position impossible to defend in Dubai Courts.

Have you and advice or direction to information that i could research how to defend a Dubai Court Judgement in UK?

Any direction will be greatly appreciated.

Many Thanks

An UAE judgement is not binding on UK Courts, but it seems such claims are possible. In Dubai civil claims are not made in person (ie not oral) they are instead 'on paper' hearings, and such civil claims in Dubai, UAE can be claimed for a period of 15 years there. These are unfortunately for you, enforceable in the UK under UK law if the court claim in Dubai, UAE was successful via the 'on paper' hearing. On your facts the lawyers for the company are within the statutory period to bring a claim against you, ie the alleged contract was 10 years ago. So, you will get a chance to defend your case if they make a claim to the UK courts. It would not be an automatic judgement against you in the UK courts just because there were (hypothetically speaking) a pro Dubai judgement. How much is the company saying you owe? In your favour, you have received no contractual documents.

Consult a UK lawyer about your situation either if the feel the threat by the Dubai company is serious/ real, or you are served with papers for a claim under England's Civil Procedure Rules, is my advice. I do not understand how you can be arrested however as you have not stolen anything. As the UAE has a paper hearing for civil claims including contract I do not see how you could be arrested under civil law as you do not have to appear in person in UAE courts. All experts are paper too....there is no actual in person hearing. You could use this in your favour as it's clearly unreasonable conduct by the company or its lawyers and an impediment to you dealing with the matter in Dubai courts.

[Kati]

Re: Newbie with a Dubai, UAE Problem

Openlaw ... there's a reciprocal arrangement between the UAE and the UK regarding monetary judgements. Wouldn't this have a bearing on the OP's issue (if judgement was laid down by the DIFC in Dubai then the debt is enforceable here in the UK)??

[Openlaw15]

Re: Newbie with a Dubai, UAE Problem

Openlaw ... there's a reciprocal arrangement between the UAE and the UK regarding monetary judgements. Wouldn't this have a bearing on the OP's issue (if judgement was laid down by the DIFC in Dubai then the debt is enforceable here in the UK)??

Yep, the debt is enforceable in the UK under our law, it also applies to Dubai's 15 year limitation period too. Dubai claim has to be successful in its own courts though before it could be claimed in England's (inc Wales) court. The Op would be permitted to put in a defence if he were served with papers for a on paper hearing at Dubai anyway. Dubai has jurisdiction to hear cases against foreign nationals if they lived there etc. As it's a on paper hearing for Dubai, technically the Op could lodge a defence from the UK providing the papers are guaranteed to reach Dubai. A solicitor could do this using their business mail possibly.

[Openlaw15]

Re: Newbie with a Dubai, UAE Problem

Openlaw ... there's a reciprocal arrangement between the UAE and the UK regarding monetary judgements. Wouldn't this have a bearing on the OP's issue (if judgement was laid down by the DIFC in Dubai then the debt is enforceable here in the UK)??

Remember though it's only guidance as there is no legal relationship with England and Dubai, ie no Treaty to enforce to make it legally binding. Even on the basis of the memorandum there's still defences ie 'breach of natural justice'...how can you sign a contract but not have a copy to keep, ie no way of know what the material terms are or whose legal jurisdiction is being claimed, there is no completion date too.

[Dammag]

Re: Newbie with a Dubai, UAE Problem

Remember though it's only guidance as there is no legal relationship with England and Dubai, ie no Treaty to enforce to make it legally binding. Even on the basis of the memorandum there's still defences ie 'breach of natural justice'...how can you sign a contract but not have a copy to keep, ie no way of know what the material terms are or whose legal jurisdiction is being claimed, there is no completion date too.

Thank you for the Replies

OpenLaw15 - Regarding your query about arrest. As i had arranged the finance and security cheques the finance company have previously threatened to present my cheque to the police and file a case which warrants arrest. When i left Dubai i had left funds in my account for initial payments etc, but not enough for the purchase of the property. Presenting a cheque and filing a police cases is standard practice for Dubai companies to pressure you etc. I had checked with embassy if a case was filed, but they had no record of this, but due to this threat i could not take the risk of travelling and becoming stranded in a debtors jail as i could definitely not resolve from their.

Following the non-performance of the contract completion and its long stop completion date i advised the Developer i did not accept the ongoing delays and wanted to complete the purchase. As they would not respond, i recorded my position that i wanted to Cancel, Terminate, Rescind the Contract due to non-performance and ongoing uncertainty as i cannot plan to wait indefinitely. I also advised RERA and DLD. None of these parties would reply and i called umpteen times and got nowhere...

The only party that ever replied was the finance company who obviously wanted me to remain bound to pay them. I advised them of my position and advised them not to release funds on my behalf and not to use my cheques. Also they were not to take court action against me without providing me with the opportunity to defend myself.

Circa 3 years later the Finance company contacted me that i must pay the full amount = (purchase price + 20%). However no details of the property being completed or basis of were the 20% were provided.

When they contact me i raised my queries and set out my position based on the facts, history and how i have acted in accordance with UAE Civil Code, during this process. I have made proposals to assist them to close this issue out to avoid additional costs etc on their behalf. The only replies i have received was the UAE Civil code did not apply and basically pay-up as we say so!!!

Following my replies every 6-12 mths i get another email from a different person asking for payment in full and every time i reply and set out my position, history and fact but get no reply. I have also called their office and got very threatening general replies and the general run around. I have advised them i want replies in writing as i need to know and confirm their position as their story changes every time.

I have tried to resolve this issue, but the parties seem unwilling to acknowledge what happened and haven't even confirmed if property completed ??? I have never got a reply from Developer only the finance company who i have the contract document with... They have frustrated me from taking any action against the developer and the completion date by not providing me with the contract documents or responding to my correspondence etc.

In general terms i would have no faith in dealing with 2 government backed companies as they have withheld the documents to a prevent me from taking a case at the time and now want me to perform on demand as they send an email saying pay the amount in full.

Do i think the threat is real ?!?! Honestly i have been given so much false and misleading information throughout this process, i am not sure if they re-contact me as a phishing exercise and once they get a detailed reply, that it is too complicated they avoid replying and leave it to next person in 6-12 mths to follow up... However after working in Dubai i realize the only time they are serious is when they want to be paid and then they will throw the kitchen sink at you so this will definitely kick off at some stage.

Regarding the memo of understanding in DIFC courts, i realize this is not a binding document with no legal effect and as the DIFC Court Judgement can not have been conducted contrary to the principles of natural justice, i believe any scrutiny of their action in relation to Natural Justice and the UAE Civil Code, the judgement would fail on this point considering their actions. Also i entered the Contract prior to DIFC being in operation so is not included in the contract documents i have received

If i am notified of an 'on-paper' case in Dubai or ADR process via DLD, i will put my case forward. However due to the costs associated with Dubai, has anyone any contacts for legal representatives that deal with Dubai cases? Originally i contacted UAE solicitors and they were prohibitively expensive and Local solicitors ran a mile at them mention of a Dubai case and most UK firms that work in UK/Dubai are the big firms who showed little interest for individual cases and there fees would reflect this.

I want to prepare and do my research for an inevitable Dubai/UK judgement enforcement. If the Dubai judgement has to be processed via the UK Civil Procedures Act - Can anyone advise me of any books, articles or guidance notes i can research to familiarize myself with the process and how to defend foreign awards?

Also what is the best way to search/source a solicitor that is willing or capable to take a case for a Dubai/UK enforcement case.

ps - many thanks for taking the time to reply

[Openlaw15]

Re: Newbie with a Dubai, UAE Problem

Thank you for the Replies

OpenLaw15 - Regarding your query about arrest. As i had arranged the finance and security cheques the finance company have previously threatened to present my cheque to the police and file a case which warrants arrest. When i left Dubai i had left funds in my account for initial payments etc, but not enough for the purchase of the property. Presenting a cheque and filing a police cases is standard practice for Dubai companies to pressure you etc. I had checked with embassy if a case was filed, but they had no record of this, but due to this threat i could not take the risk of travelling and becoming stranded in a debtors jail as i could definitely not resolve from their.

Following the non-performance of the contract completion and its long stop completion date i advised the Developer i did not accept the ongoing delays and wanted to complete the purchase. As they would not respond, i recorded my position that i wanted to Cancel, Terminate, Rescind the Contract due to non-performance and ongoing uncertainty as i cannot plan to wait indefinitely. I also advised RERA and DLD. None of these parties would reply and i called umpteen times and got nowhere...

The only party that ever replied was the finance company who obviously wanted me to remain bound to pay them. I advised them of my position and advised them not to release funds on my behalf and not to use my cheques. Also they were not to take court action against me without providing me with the opportunity to defend myself.

Circa 3 years later the Finance company contacted me that i must pay the full amount = (purchase price + 20%). However no details of the property being completed or basis of were the 20% were provided.

When they contact me i raised my queries and set out my position based on the facts, history and how i have acted in accordance with UAE Civil Code, during this process. I have made proposals to assist them to close this issue out to avoid additional costs etc on their behalf. The only replies i have received was the UAE Civil code did not apply and basically pay-up as we say so!!!

Following my replies every 6-12 mths i get another email from a different person asking for payment in full and every time i reply and set out my position, history and fact but get no reply. I have also called their office and got very threatening general replies and the general run around. I have advised them i want replies in writing as i need to know and confirm their position as their story changes every time.

I have tried to resolve this issue, but the parties seem unwilling to acknowledge what happened and haven't even confirmed if property completed ??? I have never got a reply from Developer only the finance company who i have the contract document with... They have frustrated me from taking any action against the developer and the completion date by not providing me with the contract documents or responding to my correspondence etc.

In general terms i would have no faith in dealing with 2 government backed companies as they have withheld the documents to a prevent me from taking a case at the time and now want me to perform on demand as they send an email saying pay the amount in full.

Do i think the threat is real ?!?! Honestly i have been given so much false and misleading information throughout this process, i am not sure if they re-contact me as a phishing exercise and once they get a detailed reply, that it is too complicated they avoid replying and leave it to next person in 6-12 mths to follow up... However after working in Dubai i realize the only time they are serious is when they want to be paid and then they will throw the kitchen sink at you so this will definitely kick off at some stage.

Regarding the memo of understanding in DIFC courts, i realize this is not a binding document with no legal effect and as the DIFC Court Judgement can not have been conducted contrary to the principles of natural justice, i believe any scrutiny of their action in relation to Natural Justice and the UAE Civil Code, the judgement would fail on this point considering their actions. Also i entered the Contract prior to DIFC being in operation so is not included in the contract documents i have received

If i am notified of an 'on-paper' case in Dubai or ADR process via DLD, i will put my case forward. However due to the costs associated with Dubai, has anyone any contacts for legal representatives that deal with Dubai cases? Originally i contacted UAE solicitors and they were prohibitively expensive and Local solicitors ran a mile at them mention of a Dubai case and most UK firms that work in UK/Dubai are the big firms who showed little interest for individual cases and there fees would reflect this.

I want to prepare and do my research for an inevitable Dubai/UK judgement enforcement. If the Dubai judgement has to be processed via the UK Civil Procedures Act - Can anyone advise me of any books, articles or guidance notes i can research to familiarize myself with the process and how to defend foreign awards?

Also what is the best way to search/source a solicitor that is willing or capable to take a case for a Dubai/UK enforcement case.

ps - many thanks for taking the time to reply

Let's break this down. What are the contract terms of the finance company? How long had you lived in Dubai when you made the purchase, how long did you intend to live? Or, was the property purchase just meant to be an investment? Do you still want the property if it were offered to you? Why didn't you demand a copy of the contract from the developer, or in its absence what exactly did you think you were going to do if problems arise? Please keep to the questions asked. Thanks.

[Dammag]

Re: Newbie with a Dubai, UAE Problem

Let's break this down. What are the contract terms of the finance company? How long had you lived in Dubai when you made the purchase, how long did you intend to live? Or, was the property purchase just meant to be an investment? Do you still want the property if it were offered to you? Why didn't you demand a copy of the contract from the developer, or in its absence what exactly did you think you were going to do if problems arise? Please keep to the questions asked. Thanks.

Hi Open law15

1. The Contract Terms with Finance Company consist of 3 documents : 1) Forward lease Agreement, 2) Purchase Undertaking, 3) Sale Undertaking which is a Forward IJARA forward Hybrid IJARA.
2. These 3 documents only relate to the finance agreement and re-payment upon completion etc and transfer of ownership. I cannot list out the content as they are large documents. They do not include any details of: 1) Completion date of property, 2) Cancellation of the finance agreement, 3) It does state that the Finance company cannot be held liable for issues related to the property, size, quality etc: This point was raised previously and i confirmed i am not holding them liable for damages for delays etc, however the issue is the Contract Completion Date was not performed and no renegotiation, remedy or even reply was provided by developer.
3. I lived and worked in Dubai for circa 5-6 years.
4. I had bought to live in and eventually become an investment. Unfortunately personnel events meant i had to leave Dubai ( I did not skip and left pre-crash etc).
5. Based on my experience of Dubai Property and the lack of rights, i do not want the Property and this has been my position since the long-stop completion date expired.
6. In the Event i had no alternative but to complete the purchase, I could not possibly comply with the payment terms and figures they have quoted to me on-demand payment in full as this is an impossible position/solution.
7. I signed the Finance & Developer documents on the same day and did request a copy of the agreement, but the 'procedure' was they would not issue/copy until signed by their representative as it was master copy. Foolishly, i took them at there word that copies would be issued. The finance company did issue the document, however and very conveniently they withheld the important document with the completion dates etc. If i could go back in time i would as this was an extremely foolish mistake.
8. As per the UAE Civil Code the Mortgage documents must have a completion date to be valid so for them to try and enforce the contract they must have a valid contract to start with and the completion date exists.

Hopefully the above helps clarify

Thanks