My property developer isn't registered; what should I do?

Both the property developer and the project are not registered, and the developer refuses to return the investor's moeny

  • Posted by Bassam Za'Za', Legal and Court Correspondent
  • Published: 12:25 April 29, 2013

About 4 years ago, I purchased a property from a known developer in Ajman; the project is based in Ajman as I signed a purchase agreement and paid an agreed down payment at the developer’s office in Dubai. It has been more than 4 years and the project has not commenced yet, when I contacted the Real Estate Land Department in Ajman, I found that the developer of the project, is not registered in the Real Estate Regulatory Agency and there is no escrow account for the project. When I approached the developer office I failed to get an answer in this matter and tried to settle the matter with the developer but there was no response and he is not willing to give my money back. My question here is what to do to get back my rights? Please advise me.

I would like to clarify to you that firstly he shall file a complaint of fraud and breach of trust before the Public Prosecution concerned against the developer since the developer is not registered pursuant to the decrees of properties which oblige the developer to register his name at the Real Estate Regulatory Agency as well as open an escrow account, as he was supposed to deposit the money received from the questioner into the escrow account of the project rather than in his own account. Secondly, you also may file real estate case before the court concerned and he may request from the court to terminate the contract and refund his rights in full together with compensation for damages.

 — Readers’ questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants