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Nathalie Gillet
Law No. (9) of 2009 amending some provisions of Law No. (13) of 2008 Regulating the Interim Real Estate Register in the Emirate of Dubai
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai
After taking into consideration Law No. (8) of 2007 Concerning Guarantee Accounts of Real Estate Developments in the Emirate of Dubai;
Issue the following Law:
Article (1)
Articles 2 and 11 of the Original Law shall be replaced with the following text:
Article (2)
The following words and expressions shall have the meanings set out opposite them unless the context otherwise requires:
Emirate: Emirate of Dubai.
Department: Department of Lands & Properties.
Establishment: The Real Estate Regulatory Agency
Real Estate Register: The Real Estate Register maintained by the Department.
Interim Real Estate Register: A set of documents kept in written or electronic form in the electronic register at the Department in which all contracts for the sale of real estate and other dispositions off plan are recorded before being transferred to the Real Estate Register.
Real Estate: Land and permanent structures erected on it.
Real Estate Unit: The subdivided part of the real estate including any subdivisions off plan.
Off Plan Sale: Sale of subdivided real estate units off plan or not yet completed.
Master Developer: A person licensed to develop real estate and sell its units in the Emirate.
Sub-Developer: A person who develops part of a real estate project of a Master Developer under an agreement between them.
Broker: A person engaged in real estate brokerage activities pursuant to Regulation No. 85 of 2006 regulating the Register of Real Estate Brokers in the Emirate of Dubai.
Competent Authorities: The authorities concerned with licensing and registering real estate projects in the Emirate.
Article (11)
1. In the event that a purchaser defaults on any term of the contract he made with the Developer for the sale of a Real Estate Unit, the Developer should notify the Department accordingly and the Department will then give the purchaser 30 days notice to fulfill his contractual obligations, by hand, registered post or email.
2. If at the end of the period referred to in sub-clause 1 of this Article the purchaser has not fulfilled his contractual obligations, the following provisions should apply:
a. If the Developer has finished not less than 80% of the real estate project then the Developer may retain all amounts paid and request the purchaser to pay the outstanding amounts of the contract value. If this not possible the Developer may request the sale of the real estate at a public auction to obtain the outstanding amount.
b. If the Developer has finished not less than 60% of the real estate project then he may terminate the contract and forfeit not more than 40% of the real estate unit value as mentioned in the contract.
c. If construction of real estate projects has commenced but has not reached 60% the Developer may terminate the contract and forfeit not more than 25% of the real estate unit value as mentioned in the contract.
d. In projects where construction has not commenced for reasons outside the Developer’s control and without any neglect from his side the Developer may terminate the contract and forfeit not more than 30% of the amounts paid by the purchaser.
3. For the purpose of paragraphs c and d of sub-clause (2) “construction” means that the Developer has taken possession of the real estate project site and has commenced construction works as per the designs authorised by the Competent Authorities.
4. For the purpose of paragraphs b, c and d of sub-clause (2) the Developer must return the due amounts to the purchaser within one year from the date of termination or within 60 days from the date of resale of the real estate unit whichever first occurs.
5. Notwithstanding what is mentioned in sub-clauses 1 and 2 of this Article the Establishment pursuant to a report may decide to cancel the real estate project and in this case the Developer should return all amounts collected from purchasers as per the procedures and provisions stated in Law No. 8 of 2007 concerning guarantee accounts of real estate developments in the Emirate of Dubai.
6. The provisions mentioned in this Article do not apply to plot sale contracts where off-plan sales in the plot have not commenced as in such case it remains subject to the terms mentioned in the contract entered between the two parties.
7. The provisions of this Article apply to all contracts entered into before this Law came into effect.
Article (3)
This Law shall be published in the Official Gazette and shall take effect from its date of publication.
MOHAMMED BIN RASHID AL MAKTOUM
RULER OF DUBAI
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To: (Real Estate Regulatory Authority) RERA We are Reliance 3 investors and hereby send our petition with more than 70% of Buyers signature and reference. Please be noted that, Reliance presented the project via a reservation letter promising that the project will be completed by September 2009 and all buyers will receive a written contract shortly. Although most of the buyers’ first payment for Reservation and 1st installment was on early 2008 the contract was presented to buyers on early 2009. The regarded contract included a lot of unfair terms and conditions and was not signed by most of the investors for the following reasons. 1- No exact or even estimated date of handover mentioned in the contract other than vague explanation of the regarded terms.
2- It is one sided contract without any right for Buyers to refund their investment in case of Seller’s defaults.
3- There is no penalty mentioned for seller’s defaults (delay)
Moreover, most of payments that we have made in the name of Reliance Co. is not in escrow A/C (Bank confirmation are enclosed) & we wants to know where is our paid money now?!!!! Therefore, we have doubt about transparency of this Company and more than 70% of Reliance 3 investors want RERA to check the above and make the following arrangements: 1- Reliance should provide us with the exact date of the project handover (penalty if the project is not ready by the mentioned date). 2- Reliance has to offer us credit notes (reliance should clearly explain the credits) for losses caused by reliance delay. 3- Reliance has to revise its prices to current market price. 4- If any of the above is not fulfilled reliance has to refund our investment. If reliance failed to satisfy our demands we request that RERA to take the necessary actions according to declaration rule No 9.
Thanking you in advance for your help and concern.
Regards
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