New Dubai legislations on investor protection

More legislations planned, but mediation option is being promoted, says Dubai Land Department's senior legal advisor

The Dubai Land Department (DLD) is planning to introduce new legislations to restore investor confidence in the market, but emphasis is on promoting an efficient alternative dispute resolution such as mediation to mitigate disputes, a senior department official said.

“We are working on more legislations, but emphasis is on promoting an efficient alternative dispute resolution such as mediation,” Emad Eldin Farouq, Senior Legal Advisor, DLD, said during a panel discussion held recently at a real estate conference.

To a question on laws in Dubai that offer protection to investors, Farouq said: “Property investors in Dubai enjoy a satisfactory level of legal protection. Since 2006 a number legislations have been introduced which safeguard investors from unfair practice by developers and agents.”

To name a few, he said all investors have to register their property with the department which in fact is mandatory; buying and selling of properties must be done through registered agents; the Escrow Law mandates developers to open bank accounts designated for the project where monies paid by investors or the project financing parties have to be deposited.

Sultan Butti bin Mijrin, Director-General of DLD, has said recently that the Real Estate Investor Protection Law is likely to be unveiled this year, which will empower investors to seek cancellation of contracts if the developer fails to fulfill his contractual obligations.

In December, Emirates 24|7 reported that the department has set up a six-member mediation committee that will help mitigate disputes between the developer and investor.

On the question of the biggest challenge faced by the department, Farouq said: “The biggest challenge faced during the downturn was how to maintain stability in property market and safeguard it from crash. Another thing of importance was how to keep a balance between developers’ interests and investors’ interests.”

He added the main priority of the department was to conduct more research and analysis on effects and lessons learned during economic downturn and propose action plans to deal with them.

Calling on developers to determine price of the unit through a scientific method based on the rules of supply and demand in the market, Farouq advised investors to consult lawyers before signing any sales contract.

“Restoring investors confident is key issue for property market,” he added.

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Comments

  • Tatiana 10 October 2011 22:36 0 0
    My project is Giovanni Boutique Hotel in Sport City.It stopped in july.Since 2009 There are only 13 floor.How Long can I wait???
  • Ahmad M 6 April 2011 17:44 0 0
    Dear Sirs, please note that I have invested in three projects in Dubai and all three have been stopped. Rera and DLD did not support us at all. All the investors are hanging around and they do not know what to do or how do get their money back. How do they want to build up investor confidence and bring stability in property market if they do nothing at all?
  • Salvatore 3 April 2011 09:09 1 0
    There is always something new but dont see any past laws implemented if a developer or master developer dont comply with the law. It is this lack of laws implementation that creates lack of trust in Dubai market. There is no need of new laws to bring back investors. There is a need for RERA and legal system to do what is right based on existing laws.
  • Abdulmd2008@gmail.com 1 April 2011 15:15 1 0
    Protect the investors who have lost their savings, some marriages are in turmoil, people have begged with friends and relatives to meet their domestic expenses. Kindly get into their shoes and understand their family's situations
  • Ark 31 March 2011 15:00 1 0
    When an investor delays in paying installments developers are given the right to charge penalty of forfeit up to 40% of total contract value. But is there any rule compensating investors against same default by developers who took investors money and delayed in handing over for many years? That has to be addressed.
  • Angus 31 March 2011 12:30 0 1
    Developers blame master developers and Rera stand by doing nothing while the investor is left to suffer and unable to get his money back!
  • Kaif 31 March 2011 11:20 1 0
    Investors should also be given proper visa rights that are flexible and easy.
  • Kama 31 March 2011 09:58 1 0
    Can someone explain why roles allowing developers to forfeit 40% of total value of contract from defaulted investors even while in some contracts (spa) signed between developer and investors at time of purchase, the penalty for defaulter is 10% or 20% of contract value? Investors need to be protected/compensated against delayed projects and their contract with developer should lead.
  • Chas Scoobs 31 March 2011 08:11 0 1
    There is no 'scientific method' for determining the price of a property. It is worth what someone is prepared to pay for it!

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