Seguridad juridica al comprar
Despues del fiasco del 2008, Dubai esta implmentando nuevas leyes para protejer a los inversores:
"Dubai real estate was badly hit by recession but officials have taken several effective measures to protect and improve their drowning real estate market. According to a proposed investor protection law announced in April, “investors will be able to get a full refund if a developer fails to provide property unit or service as promised.”
Dubai was ranked 47th of 97 countries globally based on a range of performance measures such as regulations and transactions, market fundamentals and a lot more. Abu Dhabi took the 52nd spot in the same ranking. "
RERA declared on Tuesday that it has imposed fines on many real estate and brokerage firms in Dubai during first six months of the year. RERA (Real Estate Regulatory Authority) is a regulatory arm of DLD (Dubai Land Department) which has imposed fines on 22 brokerage and real estate firms in Dubai. The total value of fines is around AED 900,000.
Director of Real Estate Licensing Department in RERA, Yousef Al Hashmi, made a statement declaring that fines have been imposed on those firms which had been guilty of violating regulations repeatedly and were not responding to the warnings given. He also disclosed that RERA took this measure as a last resort.
RERA also declared that its aim is to promote transparency and good dealings in the sector besides guarantying its maturity. RERA also announced a figure of AED 700 m made by agents as a commission last year. On sealed deals, real estate brokers normally charge 1% of the value of the deal as commission.
Sheikh Mohammed Bin Rashid Al Maktoum, has expanded the areas where foreigners can get property ownership. A decree posted on his official website reveals the two new plots of land are available for the foreigners for leasing.
The two plots of land are in Dubai Investment Park and can be leased for up to 85 years. According to the website, the ruler of Dubai has issued new Regulation, regarding new lands offered to foreign ownership for 2012.
Sheikh Mohammed Bin Rashid Al Maktoum is not only the ruler of Dubai but also the Vice President and Prime Minister of the UAE. The decree is expected to publish in the Official Gazette but is effective immediately. Sources also claim that the decision of expansion of areas for foreign ownership is backed by the increase recorded in the property sales in Dubai during Q1 2012.
Over the past six months, better stability and growth has been recorded in particular areas of Dubai. Cluttons highlights in its Q1 report that residential sale transactions, especially in the villa market, showed a natural growth during first two months of 2012. With respect to the optimistic gains, villa stock performed best in Emirates Living, The Springs and The Greens.
Published Sunday, April 29, 2012
Property investors in Dubai will be eligible for cancellation of their contracts and may seek “full” refunds if the real estate developer fails to provide the promised unit or services within a specific timeframe, according to a proposed new Investor Protection Law.
From a delay in handing over of units to a failure to deliver promised facilities as per the sales contract, the proposed law gives property investors in Dubai the right to seek cancellation of their contracts and get “full” refunds.
Under the proposed law, an investor will get the right to cancel the contract and obtain a full refund if the developer has taken more than eight months (beyond the promised handover date) to hand over the unit(s).
Another provision proposes to make it mandatory for the developer to provide all the common facilities promised in the contract at the time of handover.
Therefore, swimming pools, gyms or any other promised facility in the building will have to be ready before officially handing over the keys to the owners.
Failure to do so on the part of the developer will allow the investor to cancel his or her contract and claim refund on investment.
At present, some developers have failed to provide the facilities mentioned in their sales purchase agreements (SPAs) or marketing collateral.
Until now, owners did not have much recourse and could only hope that the facilities would get completed at some point in time.
On the other hand, developers will face fines if the units they promise are not delivered on time, or to agreed specifications.
A proposed provision of the draft law says that if a unit turns out to be 30 per cent smaller than the actual net area in the contract, the investor will have the right to cancel the contract and obtain a full refund.
In case of off-plan sales, the draft proposes to make it mandatory for a developer to get all approvals from the Real Estate Regulatory Agency (Rera) and to register all saleable units with the Dubai Land Department’s Oqood system — the online registration system.
The developer is also obliged to register all contracts with Rera and to provide all information regarding the project’s handover, escrow account, etc.
The draft law mentions that a reservation form will be deemed “void” if the developer has failed to provide the investor with an agreement within 15 days of the signing of the reservation form.
Dubai plans real estate arbitration centre.
Land Department chief sees ‘urgent need’ for centre to settle Dubai property disputes