Legal Defenses Against Fraud and Incomplete Projects
Introduction
The United Arab Emirates (UAE) has long been a haven for property investment, attracting both local and international investors looking to capitalize on the nation’s thriving real estate market. However, with the increasing demand for properties and the complexity of transactions, the risk of falling victim to fraudulent schemes and incomplete projects has also risen. To counter these challenges and protect the interests of investors, it is crucial for property investment conveyance in the UAE to involve experienced legal partners such as Al Safar & Partners Law Firm. This article delves into the reasons why legal representation, particularly through trusted firms like Al Safar & Partners, is essential to safeguard against fraud and the potential pitfalls of unfinished developments.
Rising Concerns: Fraud and Incomplete Projects
Over the years, the UAE has witnessed a surge in real estate investment, driven by its modern infrastructure, strategic location, and economic growth. Unfortunately, this rapid growth has also attracted unscrupulous individuals and entities looking to exploit investors through fraudulent activities. Fraudulent property schemes can range from false advertising to forged documents and unauthorized property sales, leaving investors with significant financial losses and legal battles.
Additionally, the phenomenon of incomplete property developments has posed a major concern. Some developers start projects with grand promises but fail to complete them due to financial troubles or mismanagement. This leaves buyers with unfinished properties, incurring losses and facing difficulties in recovering their investments.
The Role of Al Safar & Partners Law Firm in Property Investment Conveyance
Engaging Al Safar & Partners Law Firm in property investment conveyance plays a pivotal role in mitigating risks associated with fraud and incomplete projects. Here’s how Al Safar & Partners contribute to safeguarding investors:
Due Diligence: Al Safar & Partners conduct thorough due diligence on properties and developers involved in the transaction. This includes verifying ownership, confirming project approvals, and reviewing legal documents to ensure their authenticity and compliance with regulations.
Contractual Protection: Lawyers from Al Safar & Partners Law Firm draft and review contracts that outline the terms and conditions of the property transaction. These contracts are legally binding and protect the interests of investors by clearly defining the obligations of both parties.
Legal Expertise: Lawyers from Al Safar & Partners possess a deep understanding of UAE property laws and regulations, ensuring that transactions are conducted in accordance with the law. They can identify red flags and advise investors on potential risks.
Title and Ownership Verification: Al Safar & Partners Law Firm verifies property titles and ownership documents to ensure that the seller has the legal right to transfer the property. This helps prevent cases of property sales by unauthorized parties.
Escrow Services: Lawyers from Al Safar & Partners can facilitate transactions through escrow services, ensuring that funds are held securely until all contractual obligations are met. This prevents developers from absconding with investors’ money before completing the project.
Dispute Resolution: In case of disputes, Al Safar & Partners provides legal representation and assistance in negotiations or legal proceedings. Their expertise can be invaluable in resolving conflicts efficiently.
Conclusion
As the UAE’s real estate market continues to flourish, investors must remain vigilant against potential fraud and incomplete property projects. Engaging experienced legal partners such as Al Safar & Partners Law Firm in property investment conveyance serves as a vital layer of protection against these risks. Legal professionals from Al Safar & Partners play an indispensable role in conducting due diligence, drafting contracts, verifying property ownership, and offering expert guidance throughout the transaction process. With Al Safar & Partners by their side, investors can invest in properties confidently, knowing that their interests are safeguarded and their investments are secure
For further assistance please contact Al Safar & Partners on +971.4.4221944 email reception@alsafarpartners.com – https://dubailawyers.ae/
Managing Partner at Al Safar and Partners Law Firm.
Ensuring your property investments are secure and protected
Al Safar and Partners has more than 20 years of legal consultation experience in the UAE and beyond. The law firm has also been litigating property disputes since 2006 and the business has helped more than 4,000 individuals solve their property-related issues. Al Safar is listed among one of the top firms in the Dubai Courts for the number of cases registered.
In the real estate legal sector, Al Safar and Partners offer dispute resolution, property purchase and investment advice and well as sale and purchase services.
Real estate transactions are one of the most disputed legal issues in Dubai and Kavitha S. Panicker, Managing Partner of Al Safar and Partners, says that every measure is taken from the very beginning to avoid all future disputes. In the event that there are legal proceedings, she says that Al Safar and Partners work tirelessly and diligently to ensure that clients’ investments can be refunded with the least disruption.
“When the SPA clearly states the brand name of the property and at the time of signing the SPA that the property will be a famous brand name, on handover, if the brand name is changed, you have the right to request the court to terminate the SPA and get full refund as well as claim compensation.“
Kavitha S. Panicker, Managing Partner of Al Safar and Partners
Panicker says that the majority of real estate legal services they provide are for sale and purchase agreements (SPAs) and also, in some cases, reservation agreements.
She says that due to the UAE’s highly transparent legal system, Al Safar and Partners can often help clients terminate SPAs on contractual grounds, especially when the delivery of property is delayed. “First we would need to review the SPA. If it stipulates the date of handover for a property and the extension period but if there was no notice issued to confirm a further extension of handover date, you have the right to request the court to terminate the SPA and ask for full refund and compensation thereof,” she says.
She also says that often disputes arise when clients are misled over the size of the property they are investing in and that this needs to be accurately stipulated in the SPA. “On review of the SPA, if the floorplan signed by both parties and the value paid in accordance to the sq. ft. on handover has a difference of more than 6 per cent, and that difference is officially authenticated by the court appointed engineering expert then, in the above case, you have the right to request the court to terminate the SPA and you will receive a full refund as well as the opportunity to claim compensation,” she says.
Another area of legal dispute can arise when clients invest in hotel apartments but on handover they receive a residential unit. “If the SPA clearly states that the property is a hotel apartment and both parties have signed the agreement and there is no addendum signed by both parties agreeing otherwise, you have the right to request the court to terminate the SPA and receive a full refund,” says Panicker. She says that Al Safar and Partners will also seek compensation in such cases.
Panicker says that fraud can be a common issue with property transactions in Dubai, so her and her colleagues work to study contracts and remove any discrepancies that could present a risk to clients. She refers to situations where investors believe they are buying properties associated with famous or prestigious brands, only to discover this is not the case on handover. Yet, with proper diligence and the correct paperwork, refunds and compensation can be obtained through legal channels.
“When the SPA clearly states the brand name of the property and at the time of signing the SPA that the property will be a famous brand name, on handover, if the brand name is changed, you have the right to request the court to terminate the SPA and get full refund as well as claim compensation.”
For real estate transactions, Al Safar and Partners take care of all the documents required for the legal and governmental procedures and the various governmental approvals required with respect to the real estate/property transactions.
To learn more, contact: property.dispute@alsafarpartners.com
Taking the appropriate legal steps can help avoid delays and lawsuits
Popularly known as “the land of opportunities,” the UAE is home to not just the locals but millions of expats from all over the world. To take advantage of the available opportunities, people often rely on debt in the UAE.
While creditors and debtors aim to have a mutually-rewarding relationship, there are several cases when the creditors require debt recovery services.
Be it debt recovery or negotiating debt with an individual or a company, it is important to engage a local firm which understands the UAE legal framework. In the majority of the cases, debt recovery in the UAE is an amicable process.
“In cases where an amicable outcome is not reached, legal proceedings have to be initiated.“
– Haitham Elfadaly, Head of Debt Collection & Enforcement, Al Safar and Partners
In most cases, initially a payment notice is sent to the debtors. If the debt remains unsettled, the debt collection lawyers will then contact the debtor and convey the terms of the recovery following appropriate discussions with the creditor. This follows the correct legal framework in order to accelerate the recovery of the debt. The measures are taken to ensure that the recovery process does not lead to any kind of lawsuits, and that debt is recovered as soon as possible.
In cases where an amicable outcome is not reached, legal proceedings have to be initiated. In most cases, a legal petition is filed in the UAE Courts to recover the outstanding debt. Once the petition is filed, the court will then send a demand letter to the debtor to clear the outstanding debt, along with the late payment fees, within 15 days.
If the debtor is unable to repay the debt within 15 days from receiving the demand letter from the court, a trial is initiated against the debtor. The court will then help the creditor with the debt recovery. Trials regarding debt recovery also allow the creditor to claim additional compensation.
It is important that the attorneys involved in the process are engaged with their clients at every step to ensure they can recover the debt in the most hassle-free and time-efficient manner.
The debt buying agencies buy outstanding debt from the creditors in the UAE. Debts that are yet to be recovered fully can be sold by creditors to such agencies for a certain percentage of the total outstanding balance. It is then the responsibility of the debt buying agency to recover the debt from the debtor.
We can help credit providers decide whether or not selling debt is the right choice for them. Our vast experience in the industry has made us well aware of the entire debt collection procedure in the UAE. Our expertise can help creditors make decisions that ensure cost-efficiency and legal compliance.
Al Safar and Partners has been in the UAE debt recovery business for a very many years. Be it fast-tracking debt recovery, filing a lawsuit, or verifying the ongoing payments, our legal experts can provide all the help you need.
If you are looking for debt collection services in the UAE, we’d like to hear from you. Contact us to know more about our services and understand how we can help.
To learn more, contact: debt.collection@alsafarpartners.com