Real Estate Dispute Services in UAE

Real estate disputes are legal disagreements about real estate. These types of disagreements might involve assets worth a lot of money. Many of these conflicts can take a very long time to resolve and may require a significant amount of financial and legal resources. As a result, it is typical for people involved in a real estate dispute to seek out other conflict settlement methods. Many real estate disputes, for example, include a breach of contract in the sale of the property. In such circumstances, both real estate laws and contract remedies may be applicable, further complicating the matter.

Reyson Badger works with real estate attorneys in Dubai and other emirates who have a thorough understanding of the UAE's federal and provincial real estate laws, regulations, and procedures. With years of real estate and property litigation experience, our United Arab Emirates Property Lawyers team of consultants and experts has advised contractors, investors, developers, owners, buyers/sellers, property, and construction companies on disputes ranging from acquisitions and mergers to joint venture disputes.

Our experience includes:

• Landlord and tenant disputes
• Lease renewal
• Rental agreement disputes
• Construction and development legal disputes
• Warehousing and residential property
• Settling disputes between investors, contractors and developers

Our methods take all preventive precautions and measurements from the auditing phase itself to avoid any future conflicts or unintended repercussions, and we provide complete counsel to our clients in the event of a dispute. Furthermore, we take every precaution to protect our customers, ensuring that their interests are protected without difficulty in the event of a conflict.

Regardless, the court processes are efficiently handled by our linked team of clever litigators. In addition to court procedures, we represent our clients in alternative conflict resolution forums such as arbitration, mediation, and conciliation. In any situation, we strive to leave no stone unturned in our pursuit of justice for our clients.

Other forms of solving real estate disputes include:

• Injunctions
• Mediation or arbitration
• Various fines or fees
• Specific performance
• Other solutions such as a judicial lien on the property

Types of Real Estate Disputes in Dubai

Real estate disputes in Dubai can arise from various issues, affecting landlords, tenants, property owners, and developers. Here are some common types of disputes:

1. Tenant-Landlord Disputes

These disputes typically involve issues related to rental agreements, including:

• Rental Increases: Conflicts may arise over unreasonable rent hikes that exceed the guidelines set by the Real Estate Regulatory Agency (RERA).
• Eviction: Disputes can occur when landlords attempt to evict tenants without following proper legal procedures or providing valid reasons as outlined in tenancy agreements.
• Maintenance Responsibilities: Issues regarding who is responsible for repairs and maintenance of the property can lead to disagreements.

2. Property Ownership Disputes

Disputes over property ownership often include:

• Titles: Conflicts may arise regarding the legitimacy of property titles, particularly in cases of inheritance or joint ownership.
• Inheritance Issues: Disputes can occur among heirs over the distribution of inherited properties.
• Boundary Conflicts: Neighbors may disagree on property lines or encroachments, leading to legal challenges.

3. Breach of Contract

These disputes arise when one party fails to fulfill their obligations as per a real estate contract. Common issues include:

• Incomplete Projects: Developers may not complete construction projects on time or according to specifications.
• Delayed Handover: Buyers may face issues when developers fail to deliver properties as promised within the agreed timeframe.

4. Developer-Buyer Disputes

Problems related to off-plan properties often involve:

• Delayed Handovers: Buyers may experience delays in receiving their purchased properties, leading to frustration and potential financial losses.
• Quality Issues: Disputes can arise if the delivered property does not meet the promised quality standards or specifications.

5. Construction Disputes

These disputes often stem from:

• Construction Defects: Issues related to poor workmanship or materials that do not meet building standards.
• Contractual Breaches: Conflicts arising from disagreements over contract terms between contractors and property owners.

Legal Framework for Real Estate Disputes in Dubai

Dubai's real estate market operates within a well-defined legal framework that ensures transparency, security, and fairness in property transactions. The Dubai Land Department (DLD) is the primary regulatory authority responsible for overseeing all real estate activities in Dubai, including the registration of property transactions and the enforcement of relevant laws. The Real Estate Regulatory Authority (RERA), a division of the DLD, establishes regulations that govern the real estate sector, ensuring compliance and protecting the rights of both investors and consumers.

Key features of Dubai's real estate laws include:

• Ownership Rights: Non-Emirati and non-GCC citizens are allowed to own property in designated freehold areas and can lease properties for up to 99 years.
• Registration Requirements: All property transactions must be registered with the DLD to ensure legality and protect ownership rights. This includes a mandatory registration fee of 4% of the property's sale price.
• Escrow Regulations: Developers must maintain escrow accounts for off-plan properties, safeguarding buyers' payments until project completion.

Role of Dubai Land Department (DLD) and Real Estate Regulatory Authority (RERA)

• Dubai Land Department (DLD): The DLD is responsible for registering all real estate transactions, ensuring adherence to local laws, and maintaining records of property ownership. It also regulates foreign investments in the real estate sector, requiring foreign investors to obtain approval before engaging in property transactions.
• Real Estate Regulatory Authority (RERA): RERA plays a crucial role in establishing the legal framework for the real estate market. It mandates developers to obtain a RERA license before starting projects and requires them to provide comprehensive details about their developments. RERA also monitors compliance with regulations, licenses real estate brokers, and oversees advertising practices within the sector.

Key Laws

• Dubai Tenancy Law: This law governs landlord-tenant relationships, outlining rights and responsibilities regarding rental agreements, eviction procedures, and permissible rent increases.
• Escrow Law: This law mandates that developers must open escrow accounts for off-plan projects to protect buyers' funds until construction is completed.
• Law No. 7 of 2006: This law allows foreign nationals to have complete ownership rights in designated freehold areas, facilitating international investment in Dubai's real estate market.
• Law No. 19 of 2020: This law amends previous regulations regarding interim property registration, allowing the DLD to challenge previously registered sale agreements under specific circumstances.
• Rental Dispute Resolution Center: This center provides a platform for efficiently and fairly resolving disputes between landlords and tenants.

Steps to Resolve Real Estate Disputes in Dubai

Resolving real estate disputes in Dubai can be a complex process. There are several steps that parties can take to resolve their disputes, including mediation services, filing a complaint with RERA or the DLD, and legal proceedings.

Mediation Services

Mediation is a popular method for resolving real estate disputes in Dubai. The benefits of mediation include resolving disputes amicably, saving time and costs associated with litigation, and maintaining relationships between parties. Mediation services can help parties reach a mutually acceptable agreement.

Filing a Complaint with RERA or DLD

If mediation is unsuccessful, parties can file a complaint with the Real Estate Regulatory Agency (RERA) or the Dubai Land Department (DLD). The process and documentation required include submitting a written complaint, providing supporting documentation, and paying the required fees.

Legal Proceedings

If the dispute cannot be resolved through mediation or by filing a complaint with RERA or the DLD, parties can initiate legal proceedings. The Dubai courts have jurisdiction over real estate disputes, and parties can file a lawsuit to resolve the dispute.

Services Offered for Real Estate Dispute Services in Dubai

Our law firm offers a range of services to help clients resolve their real estate disputes in Dubai. Our services include consultation and advisory, documentation assistance, mediation and negotiation, and representation in court.

Consultation and Advisory

We provide legal advice tailored to real estate matters, including reviewing contracts and agreements, advising on real estate laws and regulations, and providing guidance on dispute resolution options. Our team of experienced lawyers can help clients navigate the complexities of real estate law in Dubai.

Documentation Assistance

We assist with drafting, reviewing, and filing necessary legal documents, including contracts and agreements, complaints and appeals, and court documents and submissions. Our team can help clients ensure that their documents are accurate and complete.

Mediation and Negotiation

We facilitate fair settlements between parties, including mediation services, negotiation and settlement agreements, and dispute resolution strategies. Our team of experienced mediators can help clients reach a mutually acceptable agreement.

Representation in Court

We provide expert representation for court cases and arbitration, including court appearances and representation, arbitration and mediation representation, and legal argument and advocacy. Our team of experienced lawyers can help clients navigate the complexities of the Dubai court system.

Why Choose Our Services?

When it comes to resolving Real Estate Disputes in Dubai, you need a team of experts who can guide you through the complex legal process. Here are just a few reasons why you should choose our services:

Experienced Team of Real Estate Dispute Specialists

Our team consists of experienced real estate dispute specialists who have a deep understanding of Dubai's legal framework. We have a proven track record of successfully resolving real estate disputes, and we are committed to providing our clients with the best possible outcomes.

Comprehensive Knowledge of Dubai's Legal Framework

Our team has comprehensive knowledge of Dubai's legal framework, including the laws and regulations that govern real estate transactions. We stay up-to-date with the latest developments in Dubai's real estate market, and we are well-equipped to handle even the most complex real estate disputes.

Proven Track Record of Successful Dispute Resolutions

We have a proven track record of successfully resolving real estate disputes in Dubai. Our team has a deep understanding of the legal process, and we are skilled at negotiating and mediating disputes. We are committed to providing our clients with the best possible outcomes, and we work tirelessly to ensure that our clients' interests are protected.

Why Choose Us for Real Estate Dispute Services in Dubai

At Reyson Badger, we pride ourselves on being one of the leading providers of real estate dispute services in Dubai. With our team of expert real estate dispute specialists, we offer personalized service, a proven track record of successfully resolving disputes, and comprehensive knowledge of Dubai's real estate laws and regulations. We provide cost-effective solutions tailored to meet each client's unique needs, ensuring the best possible outcomes. By choosing Reyson Badger, you can trust that your real estate dispute is in the hands of experienced professionals who will work tirelessly to protect your interests.