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Real estate dispute lawyer Dubai

Owning, developing, or occupying commercial property frequently involves real estate issues, which cannot always be avoided. We assist parties involved in commercial real estate disputes, including bankers, landlords, tenants, investors, and developers, through our real estate dispute lawyer in the UAE.

What Are Real Estate Dispute?

Legal disagreements involving real estate are referred to as real estate disputes. Contrary to personal property, which may be moved, real property is that which is permanently attached to a piece of land or the land itself. Property conflicts of this nature may involve very expensive properties. Many of these conflicts may require a lot of time, money, and court resources to resolve. So it is typical for parties to real estate disputes to look for alternate conflict resolution methods.

To obtain legal advice from a lawyer for a real estate dispute, you can contact our law firm in the UAE.

What are the real estate dispute resolution authorities in Dubai?

These authorities and legal institutions are working to resolve real estate disputes Dubai.

Dubai Land Department Amicable Settlement Centre (DLD Amicable Settlement Centre)

The Center seeks to make mediation an accessible, agreeable method of dispute resolution. Any judgment rendered by the Centre shall be final and conclusive and shall bind the parties.

DLD Legal Affairs Department

In cases where a buyer has broken the provisions of the Sale and Purchase Agreement (“SPA”), a real estate developer may terminate the SPA in accordance with Dubai Law 19 of 2017. This online termination procedure requires payment of a charge in order to be completed. Purchasers may seek the appropriate courts if they wish to contest the DLD’s decision to revoke the SPA.

Judicial Committee for Projects cancelled by Real Estate Regulatory Authority (RERA)

The authority to halt a real estate project is granted by RERA under Article 11.5 of Law No. 13 of 2008 Regulating the Interim Real Estate Register in Dubai, as amended. For the purpose of resolving issues resulting from such abandoned real estate ventures, the Judicial Committee was founded.

Judicial Committee for Returned Cheques

In response to the significant amount of returned cheques provided by property buyers and tenants, the Judicial Committee was established in accordance with Decree No. 56 of 2009 to hear cases involving such cheques.

Rental Dispute Settlement Centre (RDC)

In accordance with Decree No. 26 of 2013, the RDC was established to expeditiously resolve rental disputes involving leased properties in Dubai. Only leases under ten years, properties on the mainland, and free zones without an existing regulatory body are eligible for hearings before the RDC. RDC’s appellate committee will hear appeals of its rulings.

Arbitration before Dubai International Arbitration Centre (DIAC)

If both parties consent in a prior written agreement, some property disputes may be referred to the DIAC for arbitration.

Dubai Courts

Property disputes must first be referred to the Court of First Instance, then to the Court of Appeal, and finally to the Court of Cassation before they may be heard by the Dubai Courts.

If you are residing in the UAE and are looking for a “real estate dispute lawyer near me“.You can visit our website to learn about all the legal services we provide.

How is Arbitration for Real Estate Disputes in Dubai?

If the Parties have an agreement in place that calls for the arbitration of disputes, the rules of that agreement must be followed in the event of a dispute between the Parties.

The dispute resolution provision shall therefore be construed in the same manner as other provisions of the Agreement.

Whereas, if the need arises, the agreement may also give the Parties the option of taking the case before a court. In such cases, the Parties shall have the choice to submit the disagreement for arbitration before the appropriate authority rather than having the Court decide the matter.

These types of dispute resolution clauses are advantageous to include in contracts because arbitration is typically less expensive and time-consuming than litigation, and it is prudent to offer the Parties an alternative to litigation.

How to regulate the relationship between the developer and the buyer and prevent real estate disputes from arising?

The Law Concerning Guarantee Accounts of Real Estate Developments in the Emirates of Dubai No. 8 of 2007 and Law No. 13 of 2008 Regulating the Interim Property Register in the Emirates of Dubai, as amended by Dubai Real Estate Amendment Law No. 19 of 2017, govern the legal relationship between the buyer and the developer. This reduces real estate disputes.

No Master Developer or Sub-Developer may begin a project or sell its units off-plan prior to taking possession of the land on which the project is to be developed and obtaining the necessary approval from the Authorities, according to Article 4 of Law No. 13 of 2008.

As a result, the real estate developer is required to create real estate units on property that he either owns or has the legal right to develop. In addition, under the terms of the agreement reached between the developer and the buyer, the developer is required to transfer ownership to the buyer in accordance with the terms and conditions stated in the agreement in exchange for the buyer’s promise to make payment(s) in accordance with the development’s various stages of completion.

FAQ about real estate disputes in UAE

1-How do I file a case for land dispute?

You can lodge a complaint against the offending party at the closest police station. In your complaint, express your worries and all the relevant information in detail. To prove your authenticity, it would be beneficial if you have your land information, property documents, and tax receipts on hand.

2-What is an arbitration claim in real estate?

Arbitration is only an alternative method of resolving disputes that typically involves less court participation. Arbitration typically occurs when negotiation and/or voluntary mediation have failed to establish a resolution between the parties.

3-real estate dispute lawyer near me

Visit the law firm Khairallah in the UAE, to obtain legal advice in all cases of real estate disputes:

1-Office #3504, Level 35, Business Bay Area, Burj Khalifa District, Dubai, United Arab Emirates.

2- Level 36, Etihad Towers -T3, Abu Dhabi, United Arab Emirates.

 

Khairallah Law Firm offers you comprehensive solutions on real estate dispute cases, thanks to our real estate dispute attorney in the UAE.