Dubai Lawyers

Saturday, October 31, 2020

Who Gets the House When Couples Get Divorced

Divorce is a complicated and confusing process. You'll need to make a lot of decisions that will affect the rest of your life. In addition, there's a variety of situations and conditions that govern asset distribution following separation. During this difficult time, your emotions may overwhelm your ability to think clearly. Thus, you need an experienced lawyer to act as your advocate. Below are the reasons why you need to consult with legal firms in Dubai when navigating a divorce.

1. Before the court grants a divorce, issues such as division of property and spousal support need to be resolved. An experienced lawyer knows the legal procedures and judicial system as per UAE law. They can tell you what courses of action would be suitable to ensure your goals are accomplished.

2. Family law issues will require relevant paperwork. You'll need to register a case at the Family Guidance Section at the respective judicial department in one of the Emirates. A case can be delayed or even thrown out if documents are filed incorrectly. Your attorney can work through all the paperwork in a timely manner and avoid mistakes that can hurt the case.

3. Lawyers can suggest options you didn't even know existed. Because of their experience in handling divorce cases, a lawyer can evaluate your situation and let you know the likely outcome. More so, they will be able to offer legally acceptable options to reach a fair settlement or when to make a counterproposal.

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Sunday, October 18, 2020

Your Broker and Your Attorney Both Play Important Roles in Commercial Real Estate

You may not realize, but it takes a team to buy or lease a commercial property. The key to a successful transaction lies between your broker and property attorney. They both bring different strengths and perspectives to the transaction. More so, they play an important role in guiding you to a successful outcome. Below are some insights into what your broker and attorney accomplish during a commercial real estate transaction.

The Role of Your Broker

Commercial real estate is vastly different from residential real estate. A person looking for a home is usually concerned about the number of bedrooms, the kitchen's size, or the type of outdoor views. An entrepreneur searching for a commercial space will most likely require a location that will provide more exposure, with room to grow. Whether you are looking to buy or lease a space for your business to plant its roots, a broker can help you with every stage of the process. They keep an eye on the current market to know where to find the best deals.

Just like legal consultants, commercial real estate brokers will look out for you and your business's best interest. Very few outsiders have inside knowledge about handling commercial real estate transactions. Thus, it is essential to have an expert in the market. Your broker can help you identify what to look for and avoid pitfalls that many unrepresented buyers make. They also have access to exclusive commercial listings and proprietary databases. It will save you time as they can quickly locate good potential properties and save you money because they can help you negotiate.

The Role of Your Attorney

Investors in commercial property in the UAE, particularly foreign buyers, need to work with a real estate lawyer. Many steps must occur before any real estate transaction is complete. On top of that, dozens of regulations and laws must be followed for the process to be valid. A commercial real estate lawyer can take care of these steps for you. Your attorney is the one person you can rely on upon regarding financing, construction, zoning, taxes, title insurance, environmental issues, and other legalities about land use and development.

When you lease or buy a commercial space for your business, you want to make sure your rights and interests are protected. Your attorney will also help you analyze the contract, explain the purchase agreement, negotiate the sale, and facilitate the closing. You will need his expert eye to identify any suspicious contract terms or potential pitfalls. For foreign investors, an attorney can help you secure the required documentation for a commercial lease or purchase, including the business license and structure type.

Need help in buying or leasing commercial real estate for your business? You can rely on the experts at Motei & Associates, one of Dubai's best legal firms. They have extensive experience guiding clients in the purchase or sale of their commercial properties. Contact +971 4 435 5959 today!

Saturday, October 3, 2020

Main Options For Dispute Resolution In Dubai

Amicable Settlement Centre (ASC)

Any property attorney would recommend that filing a claim with the Courts should be the last resort when solving real estate disputes. Simply because there is so much money and time involved. One efficient option is to refer the dispute to the ASC at the Dubai Land Department (DLD), managed by a legal team. Mediators at the ASC have access to DLD databases. Thus, they can quickly obtain information about projects, properties, developers, and other real estate facts. They are very experienced and do not charge fees to the parties. Rather than impose a judgment, the ASC seeks to mediate until an amicable settlement is reached. Once resolved, the signed agreement becomes binding and enforceable.

Rent Disputes Settlement Centre (RDSC)

The RDSC holds exclusive jurisdiction over Dubai tenancy disputes about the leasing of immovable assets. They have a mediation department that aims to resolve disputes between tenants and landlords before referring the case to Court. The RDSC charges around AED 15,000 to AED 35,000 for filing a lawsuit, depending on the claim's nature. The litigation process is quite fast, wherein a judgment can be obtained between 2 to 3 months. However, the RDSC does not have jurisdiction over leases exceeding 10 years (long-term leases) and lease-to-own contracts. The RDSC also doesn't have jurisdiction over tenancy disputes in free zones because of a judicial committee within the Dubai International Financial Centre (DIFC).

Judicial Committee for Liquidation of stalled projects (JCL)

For disputes involving stalled projects, legal consultants in Dubai refer to the JCL. The agency was formed according to Decree No 21 of 2013 to liquidate stalled projects. Investors can lodge their claims via the JCL's designated website. The agency has not specified rules or procedures regarding the liquidation process, but it is known that there are complexities involved in such projects. The JCL has a wide authority, and any decision they make is final.

DLD Legal Affairs Department (DLD Legal)

Disputes that involve the termination of sale and purchase agreement can be resolved through the DLD Legal. Dubai Law No. 19 of 2017 grants developers the right to terminate a defaulting purchaser's sale and purchase agreement upon satisfying specific conditions. The termination process takes around 3 to 4 months and can be completed via DLD Legal’s online system. They charge a service fee of AED 3,000. DLD Legal also has the authority to mediate an amicable settlement between the defaulting purchaser and developer.

Dubai Property Court

If involved parties don't reach an amicable settlement, that's when they can take it to Court with a real estate lawyer. The Court has jurisdiction over all property disputes, except those excluded according to other decrees or laws. It has 3 levels, including First Instance, Court of Appeal, and Court of Cassation. Obtaining an enforceable judgment can take up to 2 years or more if necessary, to appeal to all levels. Fees for filing a case before the Court of First Instance can reach up to AED 40,000 or more if the dispute involves multiple contracts. Also, all documents submitted should be in Arabic or translated to Arabic.

When it comes to property disputes, you need a legal expert to help you navigate the negotiations and provide insightful advice. Make the right choice and talk to the lawyers of Motei & Associates. They have vast local knowledge and continued awareness of the real estate market in the UAE. Book an appointment today at +971 4 435 5959!

Monday, September 21, 2020

Can Developers in Dubai Terminate without a Court Order?

A question lawyers in Dubai commonly get whether property developers can bypass a Court order and terminate a contract. In 2017, His Highness Sheikh Mohammed Bin Rashid Al Maktoum issued Law No. 19 to grant developers the right to terminate a defaulting purchaser's sale and purchase agreement (SPA) upon satisfying certain conditions. The only exception to the application of Law 19 includes property purchases that have no off-plan sales.

Law No. 19 outlines the procedures that a developer should follow in the event of default by a purchaser. Here's what will happen:

1. Developer notifies the DLD

With the help of a real estate lawyer, the developer must inform the Dubai Land Department (DLD) of any default committed by the purchaser following the sale and purchase agreement (SPA). The notification should include the description of the default, details of the property, details of the developer and purchaser, and other related information requested by the DLD.

2. DLD notifies the purchaser

Once the developer's request is verified, the DLD will serve a written 30 days' notice to the purchaser via registered mail, email, or any other approved method. The purchaser can seek guidance from a property attorney on how to rectify the default. The DLD also can initiate an amicable settlement between the purchaser and developer, if possible.

3. Issue of DLD report

If the purchaser fails to rectify the default or settle the issue within the 30 days, the DLD will issue a statement. The DLD report will indicate that the developer has satisfied its obligations under Law 19 and the property's completion percentage. It will also state that the DLD shall deregister the SPA upon the developer's request, without needing a Court order.

4. Developer terminates SPA

Upon receipt of the DLD report, the developer can proceed to the termination of the SPA. The developer can choose to exercise one of several options depending on the property's percentage of completion. For instance, if it exceeds 80%, the developer can (i) continue SPA with the defaulting purchaser, retain all amounts paid, and request for the outstanding payments, (ii) ask the DLD to sell the property through a public auction, (iii) terminate SPA and retain 40% of the purchase price.

With Law 19 in effect, developers are protected, and investors are encouraged to comply with their obligations. To understand more about the application of Law 19 and other laws concerning real estate, talk to the experts at Motei & Associates, one of the leading legal firms in Dubai. Their experienced lawyers can provide representation in all matters of property disputes. Book an appointment today at +971 4 435 5959!

Sunday, September 6, 2020

Here are some of the actions a landlord can perform if a tenant stops paying

Communication

Start a dialogue with your tenant to know why the rent payments have stopped. It's also a good time to let your tenant know that you're understanding, but you also have your financial obligations. Let them know the repercussions of skipping rent and why they need to pay on time. If they have no means of paying the rent, explain that one of the options will be to terminate the lease early with or without penalty. More so, if they refuse, a formal eviction notice will be served.

Send Formal Notice

Under Article 25(1) of the amendment, a landlord can demand eviction before the tenancy contract's expiry by serving notice via notary public or registered mail. It is a formal letter stating that the tenant has [X] days to pay rent or the lease will be terminated, and they have to move out. This payment notification usually gives tenants 30 days unless there are other time frames stated in the agreement.

File Eviction Action

If the tenant still fails to pay rent within 30 days of notification, the landlord may file an action at the RDSC with the help of an attorney in Dubai. To legitimately evict a tenant, one or more of the circumstances under Article 25(1) of the Tenancy Law must be present. It is worth noting that a landlord is not allowed to lock out a tenant or turn off essential utilities while the eviction hearing is ongoing. If you win a judgment against the tenant, that's the only time you can evict a tenant with the sheriff's help.

LAWSUIT?

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Sunday, August 23, 2020

Tips in dealing with tenant maintenance issues

Fix issues beforehand - Even before the rental agreement gets signed, it pays as a landlord to have a move-in ready property. Tenants usually request for a space equipped with appliances that are up to standard. Thus, it is worth resolving issues like a broken air conditioning unit or a leaking faucet before the move-in so your relationship with the tenant starts on the right foot.

Prevent major damages - No property is immune to minor damages, but you can find ways to prevent them from worsening. List down potential problems that could happen and the solutions for each one. For instance, sand storms in Dubai may cause air conditioners to malfunction. So, you should look for guards to prevent this type of damage even before renting out space.

Conduct an inventory - Before the move-in date, conduct another inspection with the tenant to determine which are genuine complaints and which are due to negligence. More so, keep the tenant aware of problems that may recur after a certain period and the steps you've taken to rectify the situation.

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Wednesday, August 12, 2020

COVID-19 Rent Negotiation Implications

The landlord and tenant relationship, as well as the negotiating positions of either, can often be tested by external factors, with the current pandemic being a prime example. It’s the best time to consult property lawyers. The measures executed to diminish the spread of COVID-19 virus have plunged the real estate sector into uncharted waters. Rentals have been impacted by the closure of restaurants, shops, bars, and other public establishments. Commercial properties are no exception due to the 'work from home' initiatives and curfews implemented.

Tenants are going through significant changes in their job and salary status. As a result, landlords are being bombarded by requests and demands on rent relaxations, waivers, and discounts. This leads to questions like, ‘Do landlords have to postpone or decrease rental payments due to COVID-19?’. Considering the setbacks in business or employment, 'Can tenants terminate tenancy contracts immediately without penalty?' There are key legal considerations when it comes to amending lease arrangements. Any real estate lawyer will point out these policies:

Can tenants apply force majeure to excuse them from paying rent?

Tenants can refer to their lease for a force majeure clause. It stands for the proposition that the tenant’s obligations to pay rent under the contract can be excused when a “force majeure” makes such liability impossible, impracticable, or illegal. Force majeure is often thought of as an ‘act of God’, a natural occurrence like an earthquake or hurricane, or a particular circumstance beyond reasonable control.

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