Defending real estate cases in the UAE requires a well-prepared approach, a clear understanding of the law, and strong supporting evidence. Here’s a guide on how to defend yourself effectively and improve your chances of success:
- Understand the Nature of the Case
Identify the type of real estate case you are facing, such as:
- Rental disputes.
- Breach of sales agreements.
- Property handover delays.
- Refund claims for undelivered projects.
- Review the Agreement
- Carefully examine the relevant contract (e.g., sales agreement, tenancy contract).
- Highlight clauses that support your defense, including dispute resolution mechanisms.
- Collect Supporting Evidence
- Gather all documents, such as contracts, payment receipts, Ejari registration, correspondence (emails, messages), and any proof of compliance with your obligations.
- Identify Legal Grounds for Defense
Base your defense on strong legal principles, such as:
- Breach by the other party: Prove the plaintiff failed to fulfill their obligations.
- Force Majeure: Cite uncontrollable events (e.g., natural disasters, government decisions) if applicable.
- Unlawful claims: Demonstrate that the claim lacks a legal basis.
- Hire a Competent Lawyer
- Engage a UAE-based lawyer specializing in real estate disputes.
- Ensure your lawyer is familiar with local laws, such as:
- UAE Civil Transactions Law.
- Dubai Rental Disputes Settlement Center (RDSC) rules.
- DIFC Courts or other arbitration mechanisms.
- File a Counterclaim (If Applicable)
- If the other party has violated the agreement, consider filing a counterclaim to strengthen your position.
- Prepare for Dispute Resolution
- If arbitration is stipulated in the contract, proceed with the agreed arbitration center (e.g., DIAC, DIFC-LCIA).
- For rental disputes, approach the relevant Rental Disputes Settlement Center (RDSC) in your emirate.
- Present a Strong Case in Court
- Submit all evidence: Ensure your lawyer files the necessary documents and evidence in a timely manner.
- Be clear and factual: Avoid emotional arguments and focus on facts, legal principles, and contractual terms.
- Cross-examine witnesses: Challenge the credibility of the other party’s evidence or witnesses.
- Comply with Procedural Rules
- Follow court deadlines for filings, hearings, and other procedural requirements to avoid weakening your case.
- Seek Alternative Dispute Resolution (If Feasible)
- Mediation or negotiation may help resolve disputes faster and more amicably, saving time and legal costs.
Tips for Winning:
- Maintain professionalism and avoid unnecessary conflict during hearings.
- Provide clear and irrefutable evidence.
- Ensure compliance with UAE-specific legal standards and procedures.
