Developer unregistered with the Land Department

  • Published: 00:27 February 26, 2010

SUBJECT
Housing and rent

A reader from Dubai asks: One year ago, I bought a property through a broker, but later I found that I paid more than 50 per cent of the property value, as the developer had not started work. When I went to the Land Department to enquire about the developer, I found that he was unregistered. When I approached the developer, he offered to refund the amount in instalments. Note that the amount is large and instalment may require long period of time. My question here is: If I decide to file a case against the developer, will I win? The developer has a lot of money. How can I prove to the court that the developer is not registered with the Land Department? Please advise. Many thanks.

I would like to clarify to the questioner that if the court ruled in his favour, the court will not compel the questioner to accept the developer’s request to refund the amount in instalment. But if the developer fails to refund the amount in full, the questioner may ask the court to attach the property and money of the developer until the amount is paid in full. As for proving before the court that the developer is not registered with the Land Department, the questioner shall ask the court to address the Land Department to ascertain this matter. The department will respond to the request of the questioner.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants

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