Ask The Agent - Kamaldeep Jandu

Kamaldeep JanduKamaldeep Jandu

There are so many projects being launched these days. Do you think this is the right time to buy?

Property buyers no longer view Dubai as a short-term investment destination. The outlook is long term which encourages the current stable market trend. There are lots of products catering to all tastes and lifestyle choices. Determine which one is right for you. To help you make the right decision, consider factors such as location, future location (from an investment perspective), the size of the property, developer profile and a payment plan that suits you. In the past couple of months, there have been a number of property launches with amazing payment plans such as Arabella in Mudon offering a 30-70% plan as well as Glitz Residence 3 with its 1% monthly offer. Now would be a great time to buy as such payment plans may not be around forever. The long queues to book units at launches are proof of their popularity. These are not to be missed.

I want to buy a property but the seller has not paid the maintenance charges. What will be the consequences? Also, is it important to get home insurance?

If the owner fails to pay the service charges and remedy the notice from the owners association (OA), the OA may impose a penalty of 12% per annum calculated daily. These days, a clearance certificate from the OA is required if the owner wishes to sell his property. Without clearance, most developers will not issue an NOC which is required for DLD to transfer the property. Meanwhile, many people consider insurance as extra expense or assume it as expensive or unnecessary. Neither is true. Home insurance is not only needed against fire or theft; it can also cover against damage caused by leaks and burst pipes. It brings you peace of mind that you and your family are protected. Losing your possession is difficult enough, but having no insurance in place to cover the loss makes things even tougher.

The management company from whom I rented my property has ceased trading. Is my tenancy contract still valid, or is there a risk of eviction?

We always advise our clients to issue cheques in the name of the seller after verifying all related documentation such as the passport copy of the landlord and the title deed as well as check whether the maintenance charges are up to date. In cases where a property management company has been appointed by the seller to manage their property and to collect rental cheques in their name, the tenant can request the company for copies of trade license, signed management contract, and a statement of what services the tenant will avail of from the landlord. If the company has ceased trading, your tenancy contract will still be valid until its expiry. Make sure there is an Ejari for your apartment. If you wish to renew the contract and there are disputes, it is advisable for any tenant to approach the landlord directly and come to a mutual agreement or approach the Rental Committee for resolution.

How are my service charges calculated in relation to the shared ownership of a building or community’s common areas?

Under the Jointly Owned Property (JOP) Law, the owners association (OA) owns the common areas on trust for the owners of the units. Each unit in the JOP is allocated an “entitlement” (being each unit’s share in the ownership of the common area).

The OA also determines the proportional share of the total service charge as well as the cost of managing, operating, maintaining and repairing the common areas that each unit owner must pay. A unit owner’s interest in the common areas cannot be separately disposed of from the unit itself.

Homeowners are, thus, advised to attend the regular meetings set by their OAs so they would get updated with the latest regulation or air their concerns related to the management of the common areas as well as the fees that they are required to pay.

Question of the Week

I have just viewed my purchased property with the developer, but the finishing is not what was originally specified. Can I claim any compensation? Also, when I take possession of my property, is the developer still responsible for repairing any structural damage?

Before taking possession, every customer is given the opportunity to view their purchased property. If during an inspection for any issues or discrepancies (referred to as a “snag list”), you find the finishes and furniture are not up to the standard promised by the developer, you should not take the property. Instead, refer to the sale and purchase agreement. If the agreement clearly states the defined finishes and type of furniture that will be delivered, the customer can approach the Dubai Courts in this matter, or try and resolve any issues directly with the developer.

At the time of handing over the unit to the first purchaser, the developer must advise the first purchaser of the date of the project’s completion certificate in writing. This date is important in relation to the warranties that bind the developer under Article 26 of the JOP Law:

a) The developer remains liable for 10 years from the date of completion certificate of the project to repair and cure any defects in the structural elements.

b) The developer remains liable for 1 year from the date of completion certificate of the project to repair or replace any defective installations.



Source: Kamaldeep Jandu, Special to Freehold

Client Services Director, Candour Real Estate


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