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Buying property? 迪拜
By   Internet
  • 都市报
  • Buying a home
  • property buyers
  • buying a home in Dubai
Abstract: Dubai and the UAE have a strong legal mechanism in place to protect purchasers of real estate.

In Dubai, expatriates are allowed to purchase real estate. This is in accordance with Article 4 of the Dubai Real Estate Registration Law.

 

Initially, you can approach a real estate agent registered in Dubai to explain your requirements and budget and identify a suitable property to purchase.

 

Real estate brokers in Dubai must be registered with the Dubai Real Estate Regulatory Authority (RERA), which is a regulatory body of the Dubai Land Department (DLD).

 

This is in line with Article 3 of the Dubai Real Estate Brokers Law, which states that "no person shall carry out brokerage activities in the emirate unless licensed by the competent entity and registered in the register".

 

Furthermore, once you have found a suitable property, you can verify that the developer (seller) of the property has registered the project with the Dubai Real Estate Authority.

 

This is in accordance with Article 4 of the Dubai Temporary Real Estate Registration Regulations.

 

A master developer or sub-developer may not commence the project or sell his unplanned units unless he is in possession of the land on which the project is being built and has obtained the necessary approvals from the competent entity in the emirate.

 

In any case, the DLD must create an entry in the register of immovable property to indicate that it is under development.

 

 

In addition, each real estate project registered with the DLD is required to establish an escrow account, which is also registered with the DLD.

 

Any bank or approved financial institution in Dubai can act as an escrow holder. This is in accordance with Section 7 of the Escrow Account for Real Estate Development Regulations.

 

The escrow account shall be opened in accordance with a written agreement between the developer and the escrow agent, whereby payments made by off-plan unit purchasers or project financiers shall be deposited in a special account with the escrow agent in the name of the real estate development project.

 

"The agreement shall set forth the terms of the administration of the account and the rights and obligations of the signatories. A copy of this agreement shall be deposited with the Civil Service Agency."

 

Once the above verification is completed, you can approach the developer (seller) and sign the Sale Purchase Agreement ('SPA').

 

However, it is advisable to seek legal advice from legal counsel regarding the content of the draft SPA.

 

After signing the SPA, you will need to make an initial deposit or down payment to the project's escrow account.

 

Thereafter, you can request your broker or developer (seller) to temporarily register the property in your name, which is also known as Oqood registration, by paying the appropriate fee to the DLD.

 

This is in accordance with the provisions of Article 8 of the Dubai Temporary Real Estate Registration Regulations," ...... For the purposes of this section, the DLD may, at the request of the purchaser or on its own initiative, register in the real estate register in the name of such purchaser the real estate units sold off-plan and in his name in the temporary real estate register, provided that the purchaser fulfills all his contractual obligations."

 

Thereafter, once you have paid all the installments, the developer (seller) shall hand over the property to you (buyer) after the relevant inspection.

 

If the terms and conditions of the SPA are violated, the parties involved may have to compensate each other monetarily and face legal consequences.

 

In addition, if you or the developer (seller) are in default, the aggrieved party is required to notify the DLD, which will then issue a 30-day notice to the party concerned.

 

If the obligation is not fulfilled after the notice, then monetary compensation must be provided. This is in accordance with Article 11 of the Dubai Temporary Real Estate Registration Regulations, as amended in 2017.

 

Ashish Mehta is the founder and managing partner of Ashish Mehta Law Firm.

 

He is qualified to practice law in Dubai, the UK and India.

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