Latest news with #DubaiRealEstateCourt
Gulf Today
13-05-2025
- Business
- Gulf Today
Dubai court obliges real estate firm to return Dhs1.267m to plot purchasers
Dubai Real Estate Court ordered a real estate development company to refund Dhs1,267,000 to two buyers, whom the company had sold a plot of land to build a residential villa but the company failed to deliver the land. The court also rejected the inclusion of a second company in the case, as it provided evidence of returning the amount it had received from the buyers. According to the case documents, the plaintiffs signed a land sale contract to build a residential villa, purchasing a plot from the appellee company for a total of Dhs1,334,000 and on the same date, the second appellee company signed a civil works management services contract with the plaintiffs, committing to construct a villa on the plot. Payments were agreed to be made in three installments and the first company received Dhs1,467,000 from the plaintiffs, including Dhs1,334,000 for the land and Dhs133,000 as the first installment for construction costs. The first company allegedly failed to deliver the land to the plaintiffs and both companies signed a termination agreement for the sale contract and the services management contract, with the first company pledging to refund the amount received from the plaintiffs, but it did not fulfill this obligation. The court noted that the first company did not provide evidence of clearing its debt or returning the amount received, having transferred only Dhs66,000, and thus, it still owes Dhs1,267,000. The court also rejected the inclusion of the second company in the case, as it provided proof of returning the amount it had received from the plaintiffs. Dr Alaa Nasr, the legal representative of the plaintiffs, stated that Article 246 of the Civil Transactions Law obligates contracting parties to fulfill the terms of the contract, and the contractor must execute the contract as agreed.
Gulf Today
18-04-2025
- Business
- Gulf Today
Realty firm ordered to refund Dhs1.9m to a woman in Dubai
The Dubai Court of First Instance ordered a real estate development company to refund Dhs1,935,000 (Dhs1.935 million) to an Arab woman after it was proved that the company failed to fulfill its obligations under an agreement following the cancellation of a real estate project, on the basis of which the woman had contracted to purchase a plot of land to build a villa on it. The court obligated the company to return Dhs1,785,000, representing the amount owed to the plaintiff under the settlement, in addition to Dhs150,000 as compensation for the damages she incurred due to the delayed payment. The case details date back to the time when an Arab woman filed a lawsuit with the Dubai Real Estate Court, demanding the refund of Dhs2.6 million she had paid to a real estate development company, along with a 12% legal interest. The case documents revealed that the plaintiff had taken a bank loan and paid its interest to purchase a plot of land and build a villa through the appellee company. It was revealed also that she paid the company Dhs2.1 million, but shortly before the delivery date, the company informed her of the project's cancellation without providing clear reasons. The company allegedly proposed an amicable settlement, which the plaintiff accepted, and an agreement was signed stating that the plaintiff was entitled to Dhs1,879,000 to be transferred to her bank account, but the company failed to comply, paying only Dhs94,000 despite receiving legal notices. The plaintiff's legal representative, Dr Alaa Nasr, stated that the court deemed the original contract canceled due to the settlement, and the plaintiff's request for a full refund of all payments was legally unacceptable in light of the settlement agreement. Dr Nasr added that the court considered the Dhs150,000 compensation to be proportionate to the actual damages the plaintiff incurred due to the company's failure to fulfill its contractual obligations.
Gulf Today
01-04-2025
- Business
- Gulf Today
Dubai court orders real estate firm to pay Dhs1.8m to investor for breaching the contract
Dubai Real Estate Court has ordered a real estate development company to pay Dhs1,815,000 to an Asian investor due to the company's failure to deliver a plot of land she had purchased to build a villa on. The company also failed to protect the investor's rights, as the land was seized and sold at a public auction. According to the case file, the investor filed a lawsuit against the project's owning company, the managing company, the project itself, and the owner of the first company, requesting the return of Dhs1,665,000, which she had paid for a 605-square-metre plot of land to build a villa, along with Dhs1,000,000 in compensation for the damages she incurred. The four appellees submitted memoranda requesting the dismissal of the lawsuit, arguing that there was no basis for the investor's request to terminate the contract. They claimed that she had delayed constructing the building within the agreed 24-month period and had not completed the payment for the land. The investor's lawyer submitted a memorandum stating that his client had requested the termination of the contract and compensation after discovering that a lawsuit had been filed against the company that sold her the land and final rulings affirmed that the plot of land was originally granted as a gift from the third company to the first, and a final ruling had invalidated this gift. Due to legal disputes among the partners, the land was seized and sold at a public auction to a well-known company, which now legally owns it. The lawyer noted that the investor's failure to pay the remaining amount for the land was due to the company's inability to transfer ownership to her and the judicial ruling selling the land at auction removed the company's ownership, which was sufficient reason for the investor to halt full payment for the land. The court clarified that the contract was the responsibility of the first company only, and therefore, the second, third, and fourth appellees were not involved in the lawsuit. Consequently, the court obligated the company to repay the amount to the investor.
Gulf Today
24-03-2025
- Business
- Gulf Today
Woman wins Dhs100,000 compensation for rain water leakage in her Dubai flat
The Dubai Real Estate Court ordered a famous resort and hotel to pay compensation of Dhs100,000 to a European woman who owns a property unit in the hotel, due to the material and moral damages she incurred due to the hotel's breach of its contractual obligations. According to the case files, the European woman filed a lawsuit demanding that the resort and hotel pay compensation of Dhs220,000 with a legal interest of 5% from the date of filing the lawsuit, in addition to obliging them to pay fees, expenses, and attorney fees. The plaintiff stated that the appellees neglected the insulation work for the property unit she owns, leading to rainwater leakage into her apartment, which caused damage to her home furniture due to structural defects which were not addressed by the real estate developer or the maintenance company. The plaintiff provided technical evidence and expert reports confirming the water leakage due to deficiencies in the insulation work. She also submitted reports from specialised entities indicating that the breach of waterproofing is a structural violation that warrants compensation. The appellees claimed they were not responsible for the damages suffered by the plaintiff, arguing that periodic maintenance falls under the owner's responsibility and that the plaintiff did not submit official notices before resorting to the court. The legal representative of the plaintiff, Dr Alaa Nasr, stated that after reviewing the pleadings, hearing the statements of the parties, and studying the technical reports, the court ordered the appellees to pay Dhs100,000 as compensation to the plaintiff for the material and moral damages she incurred. Dr Nasr noted that the law obligates real estate developers and responsible companies to carry out insulation and maintenance work in residential projects and requires them to adhere to engineering standards to avoid harm to owners and tenants. "It also grants consumers and owners the right to claim compensation when contractual obligations are breached," Dr Nasr added.
