I bought a freehold apartment in Dubai from a real estate broker in 2011. I paid 70 per cent of its value upfront as per the purchase agreement. The property was to be handed over in May 2013, but till date, only 40 per cent of the work has been completed. The broker has informed me that the project may be delayed for another year. The other problem is that the actual area of the apartment is much less than what has been agreed upon in the purchase agreement. I have raised this issue with the broker, but received no reply. Can I terminate the agreement due to the area difference? Regarding the delay in completion, the agreement states that the developer can get a maximum extension of six months. The agreement has a clause that allows the buyer to cancel the agreement in case the developer delays handover by more than six months. Can I file a case against the developer and broker?

The questioner may file a case against the developer and broker before the competent court to cancel the agreement, recover the amount he paid and claim compensation, citing the lack of commitment by the developer on the property’s area and delay in its handover. The questioner can ask the court to appoint an expert to to look into the matter.

Work permit for wife

My wife is under my sponsorship, but now she has found a temporary job. Is she allowed to work under this status or does she need a temporary work permit from the Ministry of Labour without transferring the sponsorship? This company is not willing to provide a labour visa.

The questioner needs to obtain a work permit for his wife to take up the temporary job. Allowing her to work under his sponsorship is a violation of the labour law. In this case, the punishment will be imprisonment or a Dh50,000 fine for the sponsor and the company in question. There is also a possibility of his wife being deported.

Overdue salary

I am employed as a manager and partner in a company for two years. I have not received my salary for more than five months. As per the memorandum of association, I am entitled to a monthly salary equal to Dh20,000, an air ticket to my home country every year and 30 per cent of the company’s profits. The other partners claim that the company has not been doing well in the last six months. Can I file a complaint before the Ministry of Labour claiming my salary and air ticket? I also want to withdraw from the partnership agreement.

The Ministry of Labour has no jurisdiction with regard to the dues of partners. The questioner should refer to the memorandum of association signed by all the partners, especially the clause related to the manager, withdrawal as a partner and how to dissolve the company. The questioner can call the partners for a meeting to settle the matter amicably or approach the competent court to settle the matter. The memorandum of association also mentions the procedure to be followed in case of a disagreement among partners.

Ask the Law questions are answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.

— Compiled by Bassam Za’za’, Legal and Court Correspondent