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June 5, 2017

June 5, 2017

Understanding Property

Dubai Eye 103.8

05 June 2017

Host

The Legal Hour officially kicks off now. Our guest is Ali Al-Assad, Legal Manager at HPL, Yamalova, and Plewka. Ali, it’s good to have you here.

Ali Al-Assad
Thank you for having me, Adam.

Host

You’re very welcome. Now, we’re going to address a question from last week. You’ll remember this, Ali—it was a series of texts from Ajay. We’re going to get Ajay on the line in a few minutes. But first, if you have a question, get in touch with us at 4001 via the free app or call us at 423 1010.

Now, let’s dive into today’s topics. First, we’ll discuss terms in Sales and Purchase Agreements (SPAs). When signing an SPA for property, it’s essential to understand terms like square footage, common areas, and view-related clauses. Ali, could you break this down for us?

Ali Al-Assad
Sure. When signing an SPA, it’s crucial to know what you’re paying for. For instance, if you’re buying a beachfront property, check whether the SPA explicitly states that the beachfront is part of your common areas or owned by the developer. If it’s not listed, you cannot hold the developer liable if access to the beach is restricted later.

Host

And what about cases where people pay for a view?

Ali Al-Assad
That’s another area to be cautious about. A “sea view” may refer to a partial or temporary view, especially if there’s an undeveloped plot between your property and the beach. Unless the developer owns that plot or guarantees no future development, you might lose that view if construction happens later.

Host

What about the square footage discrepancies?

Ali Al-Assad
Always check for “net area” in the SPA. If it doesn’t specify “net,” the total area may include shared walls, staircases, or even parking spaces. This can lead to a smaller usable area than expected.

Host
Let’s take some listener questions. Ajay is on the line with a question about a travel booking gone wrong.

Ajay
I booked a holiday through a travel agency, but my visa was rejected because the embassy didn’t accept the hotel voucher provided. When I contacted the hotels directly, one said they had no record of my booking. What can I do?

Ali Al-Assad
If the rejection was due to the agency’s failure to provide valid documentation, you may have grounds for a claim. File a complaint with the Department of Economic Development (DED), as they handle disputes involving licensed service providers. Provide proof of your visa rejection and the hotel’s response to strengthen your case.

Host
Thank you, Ajay. Let us know how it goes!

Host

Ali, let’s discuss the new Penal Order law (Law No. 1 of 2017). How does this impact minor legal issues?

Ali Al-Assad
The Penal Order speeds up the resolution of minor offenses, such as bounced checks or minor breaches of trust, by allowing prosecutors to issue fines directly without lengthy court proceedings. This reduces the burden on courts and provides quicker resolutions for minor cases.

Host

That’s a significant step forward for efficiency.

Host
That’s all for today’s Legal Hour. Thank you, Ali, for your insights.

Ali Al-Assad
Always a pleasure to be here.

Host

If you have more questions, tune in next week or send them to 4001. This is The Legal Hour on Dubai Eye 103.8.

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