Real Estate Cases
Practice Areas
Property Disputes in Dubai
How real estate lawyers can help
The UAE’s real estate sector is dynamic, constantly evolving, and an undisputed engine for the country’s growth. During the course of the last 10 years, the local property market has grown to accommodate a multitude of segments and sectors, drawing attention from a variety of international and resident investors. It has also learnt greatly from early shortcomings to become more robust and resilient.
As a result, the market is not only more mature but it is also reassuringly regulated. Several real estate laws now cover registration, mortgages, escrow accounts, rental agreements, homeowners’ associations, and other related areas, upholding the obligations of developers and banks, and protecting the rights of investors, tenants, and home owners.
As is natural, the market sees a variety of property disputes and disagreements that range from simple contracts to more complicated cases of __________,
We regularly represent stakeholders across the entire spectrum – from individual and group investors to tenants, landlords and developers. We also work closely with regulators, banks and financial institutions and government authorities to resolve issues.
Consult with our teams about mediation and arbitration
Our 4-step resolution process
- Discussion: Keeping in mind the rights and obligations of all involved parties, we attempt to talk through the conflict and address issues, to reach a mutually acceptable solution. In representing your side, our lawyers will provide clear guidance on what to expect from a discussion, and what to agree upon.
- Mediation: Mediation occurs when a discussion does not result in a conclusive agreement and continuing the process is considered futile. Involving a third party expert, we help all parties come to an optimal settlement through negotiation, bargaining and compromise.
- Arbitration: When negotiation and mediation are unlikely or unsuccessful, arbitration is a cost-effective way to reach a settlement. The case is presented to an arbitrator who will review it and give a decision that is in accordance with relevant real estate laws.
- Litigation: We look upon litigation as the final resort for dispute resolution because it is expensive, and time consuming, and all parties must have legal representation for the case to be heard in court.
Government services and support
The Dubai Government has established several channels for amicable resolution of property disputes
- Dispute Lawsuits for Amicable Settlement: This service provided by the Dubai Land Department (DLD) allows an individual to file a dispute and reach a settlement within a legal framework that guarantees rights to all parties but avoids litigation procedures. If a settlement is reached, the conciliation is signed by all parties, approved by a supervising judge, and enforced by the Rental Disputes Centre.
- Dubai Legal Clinic: The DLD runs a public advisory service in a cooperation agreement with BSA Ahmed Bin Hazeem & Associates (BSA), which covers many aspects of real estate including construction, compensation and tenancy disputes. The free service is held regularly at DLD’s offices in Deira.
- The Rental Dispute Settlement Centre (RDC): Established in 2013 as the judicial arm of the DLD, the RDC aims to support and execute matters related to Dubai’s rental sector with accuracy, impartiality and transparency. RDC is responsible for the settlement of all rental disputes between tenants and landlords over real estate located in Dubai and its free zones, including counter-claims and requests for either temporary or urgent action from either party. RDC also adjudicates appeals made against decisions and judgments, and is responsible for implementing them.
- Tribunal for Unfinished and Cancelled Projects: In December 2020, a new decree updated the law governing unfinished and cancelled real estate projects in Dubai. It also created a Tribunal for the liquidation of unfinished or cancelled real estate projects in Dubai and the settlement of related rights, replacing the Committee set up in 2013 for a similar purpose.
The Real Estate Regulatory Agency (RERA) will prepare detailed reports about unfinished, cancelled or liquidated real estate projects in Dubai and provide recommendations to The Tribunal to assist it in settling disputes. In turn, the Tribunal will review and settle all disputes, grievances and complaints arising from such projects, including disputes that remain unresolved by the former Committee.
The Tribunal will also form subcommittees, appoint auditors or issue orders to the trustees of a project’s escrow accounts in all matters related to such projects in Dubai and determine the rights and obligations of both, investors and purchasers.
Rely on us for contracts, agreements, structuring and advisory services
Legal help at your fingertips
Our team of experienced property lawyers offer legal assistance with all aspects of commercial and residential real estate, with the belief that prudence and prevention are better than litigation.
- Drafting and vetting contracts
- Sale and purchase agreements
- Hotel and property management agreements
- Residential, commercial, and industrial leasing
- Commercial real estate transactions
- Real estate dispute resolution
- Off-plan property advisory
- Landlord-tenant disputes
- Licensing, registration and financing of real estate
- Strata Law compliance
- Escrow advisory
- Joint property structuring
- Real estate arbitration and litigation