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Residintal or commercial units contract cancel by the develpoer - Real Estate Law

Real Estate Laws and Regulations covering issues in UAE

Real Estate Laws and Regulations covering issues in UAE 800 800 Amal Khamis Advocates & Legal Consultants

The contract for the sale of residential or commercial units was disapproved by the developer’s Real estate 

The developer’s resorting to the Land and Property Department to terminate the contracts of the sale of real estate units and the cancellation of the property unit Registration is a unilateral cancellation of the contract and subject to judicial control in terms of cancellation, compensation, or modification

Yes, it is considered a cancellation by unilateral will, since it is done before the matter was presented to the court of the general mandate, the fact that the decisions of its land and property administration are no more than administrative decisions subject to the control of the legality of the judiciary and there is no argument objecting opponents.

here it is established in the jurisdiction of cassation in Dubai, that:

The decision to revoke the registration of the unit sold on the map in the name of its purchasers on the preliminary property register, the decision to cancel the same project, or the decision to approve the written cordial settlement signed between the two parties by the Land and Property Department and the real estate regulatory authority in accordance with the authorities It is legally authorized under section 11 of Act No. 13 of 2008 concerning the regulation of the tentative real estate registry in the Emirate of Dubai and the provisions of Articles (15-19) of Executive Council resolution No. 6 of 2010, by adopting the executive regulation of the said law – which showed how these procedures and decisions are put into effect is nothing more than administrative decisions and are subject to the control of the legality of the judiciary, and there is no right to appeal to the opponents – and, if so, to the invalidity of such decisions and procedures, to the invalidity of the conduct itself or to the breach of the contract and the disrespect between the adversaries before the competent court – as is necessary – the developer or other vendor of these units is not in charge of the decision issued by land department In the case of the former, the former shall be executed and registered in the name of another buyer after the latter has been sold before the competent court The general jurisdiction and the exclusive jurisdiction of the judiciary and the determination of the legality of these decisions and procedures are not considered to be the subject of the termination of the contract by its sole will and it is not necessary to invoke the execution of decisions and procedures issued by the competent administrative body as a kind of prejudicial to the jurisdiction of the judiciary in the adjudication – exclusively – of all disputes between the adversaries

(Appeal No. 132/2015 Real Estate Appeal – Hearing held on 30/12/2015)

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